Break Clauses

Second Edition

By Nicholas Trompeter, Mark Warwick QC

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. [Subject: Tenant Law, Private Law, UK Law]


Publication Date: 3/31/2016
Format: Cloth
ISBN: 9781784730345