Break Clauses 2nd Edition

Previous Edition ISBN: 9780414048157
Published In: March 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

Details

Break Clauses is a comprehensive guide that explains everything a property practitioner needs to know in respect of break clauses including:

Comparisons between break clauses and other methods of terminating leases
How to interpret break clauses and break notices
How break clauses relate to other clauses within the lease, e.g. rent review clauses
The effect of exercising a break notice on the respective obligations of landlords / tenants / sub-tenants
The consequences of there being conditions precedent attached to the exercise of a break clause
The formalities and the possible registration requirements of break clauses
The procedure for the service of a break notice and the consequences of failing to comply with that procedure
The interrelationship between break clauses and the security of tenure procedures under the Landlord and Tenant Act 1954
Issues of professional liability in the context of break clauses
Redevelopment break clauses
Guidance on break clauses in residential and agricultural tenancies

This new edition has been comprehensively updated and expanded to include coverage of:-

Latest important decisions such as M&S v BNP Paribas [2015], Siemens v Friends Life (CA) [2014], Avocet [2012], PCE Investors [2012], Gemini Press [2012], Fitzhugh v Fitzhugh [2012], HFI Farnbrough v Park Garage [2012], Canonical v TST Millbank [2012], and Quirkco v Asprey [2012].
Further analysis of debate and opinion on topical issues such as the recoverability of 'overpaid' rent following the termination of a lease.
Extended selection of precedents.

The Nature of a Break Clause in a Lease

Formalities and Registration

Assignment

Who May Exercise the Break Clause

The Form & Content of the Break Notice

Conditions in a Break Clause

Particular Conditions in a Tenant's Break Clause

The Recovery of 'Overpaid' Rent

Redevelopment Break Clauses

The Time for Service of the Break Notice

The Method of Service of the Break Notice

On Whom the Break Notice Should be Served