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Break Clauses

Break Clauses

Author: Mark Warwick; Nicholas Trompeter
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414048157
Published In: November 2011
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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

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