Q&As

A tenant has served a break notice with the break date later this year. The break is subject to pre-conditions. The parties have now agreed to enter into a new short term letting after the break date of the same premises. If the parties enter into the new short term reversionary lease (ie with a commencement date after the break date) would it act as a surrender and regrant as at present there is no certainty that the current lease will end? Will this be any different if the pre-conditions are waived? If the above does not work, is there an alternative way to structure the deal?

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Published on LexisPSL on 09/04/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A tenant has served a break notice with the break date later this year. The break is subject to pre-conditions. The parties have now agreed to enter into a new short term letting after the break date of the same premises. If the parties enter into the new short term reversionary lease (ie with a commencement date after the break date) would it act as a surrender and regrant as at present there is no certainty that the current lease will end? Will this be any different if the pre-conditions are waived? If the above does not work, is there an alternative way to structure the deal?

A tenant has served a break notice with the break date later this year. The break is subject to pre-conditions. The parties have now agreed to enter into a new short term letting after the break date of the same premises. If the parties enter into the new short term reversionary lease (ie with a commencement date after the break date) would it act as a surrender and regrant as at present there is no certainty that the current lease will end? Will this be any different if the pre-conditions are waived? If the above does not work, is there an alternative way to structure the deal?

A surrender by operation of law will arise where a landlord grants a new lease of

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