Conveyancing / Tenancy / Land

Break Clauses

Edited by Mark Warwick · Nicholas Trompeter
Sweet & Maxwell U.K. November 2011

Specifications

ISBN-13
9780414048157
Publisher
Sweet & Maxwell U.K.
Publication
November 2011
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Explains, step by step, the law and procedure relating to break clauses in commercial leases
  • Contains guidance on break clauses in residential tenancies
  • Aids a practitioner’s drafting of break clauses and break notices through the inclusion of precedents and by explaining the consequences and pitfalls of certain approaches
  • Provides comparisons between break clauses and other methods of terminating leases
  • Gives guidance as to how to interpret break clauses and break notices
  • Explains how break clauses relate to other clauses within the lease, i.e. rent review clauses and repair covenants.
  • Explains the effect of exercising a break notice on the respective obligations of the landlord and tenant under the lease.
  • Explains the consequences of there being conditions precedent attached to the exercise of a break clause
  • Explains the formalities and the possible registration requirements of break clauses
  • Explains the procedure for the service of a break notice and the consequences of failing to comply with that procedure
  • Explains the interrelationship between break clauses and the security of tenure procedures under the Landlord and Tenant Act 1954
  • Quotes from authority to substantiate its arguments and opinions
  • Although no full legislation will be reproduced, the commentary and opinions expressed will be supported by statutory extracts.

Table of Contents

  1. Introduction to Break Clauses
  2. Formalities & Registration
  3. The Parties Who Should Serve and Be Served With a Break Notice
  4. The Form & Service of the Break Notice
  5. Time for Service of a Break Notice
  6. Conditions Precedent to the Exercise of a Break Clause
  7. The Effect of Exercising a Break Notice
  8. Break Clauses and the Landlord and Tenant Act 1954
  9. Drafting Break Clauses in Practice.
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