Break options and notices

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Recovering rent arrears

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Dilapidations claims at the end of the term

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Practice notes

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Practice notes

Trespass—remedies

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30th Sep

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Practice notes

LTA 1954 business lease renewal—termination

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

26th Sep

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In-house

Practice notes

Tenancy deposit schemes

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Practice notes

New Electronic Communications Code—Code rights

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Practice notes

Claiming relief from forfeiture when breach is rent arrears

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

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Practice notes

Dealing with goods left behind at lease end or following sale of property

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26th Sep

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

26th Sep

Practice notes

Time limits and extension of statutory period under LTA 1954

Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...

25th Sep

Practice notes

Residential service charges—disputes and procedures

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...

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Statutory compensation under the Landlord and Tenant Act 1954

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Practice notes

Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls

Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...

25th Sep

In-house

Practice notes

Serving notices—potential issues

This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....

25th Sep

Most recent Break options and notices content

Practice notes

Break clauses—a tenant’s practical lease negotiation guide

Break clauses—commercial importanceCommercially, the break clause is likely to be a key clause for a tenant to give it flexibility. Failure to comply...

25th Sep

Practice notes

Lease variations—impact on underlease

Variation of terms—generallyAs there is no privity of contract or privity of estate between a head landlord and an undertenant, an undertenant will...

25th Sep

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

26th Sep

Precedents

Landlord’s break option

...

26th Sep

Precedents

Tenant break option clause

1 The Tenant may terminate this Lease [on or at any time after [insert date] OR on [insert date] OR on the expiry of the [insert...

26th Sep

Precedents

Code compliant tenant’s break option

1 The Tenant may terminate this Lease [on or at any time after [insert date] OR on [insert date] OR on the expiry of the...

26th Sep

Precedents

Cover letter to serve second notice without prejudice to the validity of a first notice to determine lease under break option

Your Ref:Our Ref:Date:From: [Insert name of Landlord’s/Tenant’s Solicitor] of [insert address] To: [Insert name of Landlord’s/Tenant’s So...

26th Sep

Precedents

Mutual break options

1 Either the Landlord or Tenant may terminate this lease [on or at any time after [insert date] OR on [insert date] OR on the...

26th Sep

Practice notes

Code for leasing business premises, RICS professional statement 2020

Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...

26th Sep

Practice notes

Vacant possession strategy for redevelopment

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Produced in partnership with Jill Carey of Freeths 26th Sep

Practice notes

Break clauses and notices—service

This Practice Note covers by and upon which party the break notice must be served, the method of service of a break notice (ie permissive or mandatory...

26th Sep

Precedents

Tenant’s break notice

Notice to terminate leaseTo: [name of landlord] of [address]Lease dated [insert date] and made between (1) [name of (original) landlord] and (2) [name...

26th Sep

Practice notes

Vacant possession

Vacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion.In Dreams v Pavilion...

26th Sep

Precedents

Cover letter to serve notice to determine lease under break option

Your Ref:Our Ref:Date:From: [Insert name of Landlord’s/Tenan...

27th Sep

Precedents

Landlord’s break option for redevelopment

Landlord's break option for redevelopment1The Landlord may determine this lease by giving to the Tenant not less than [...

28th Sep

Q&As

Is there any authority that says that, where there is a lease of more than seven years that it must be registered before a break notice can be exercised in circumstances where the lease does not contain that as a pre-condition? Alternatively, if there is such a pre-condition but the landlord has failed to answer any requisitions raised by HM Land Registry and thus prevented registration, can it object to the service of the break notice?

Section 27 of the Land Registration Act 2002 (LRA 2002) provides that, if a disposition of a registered estate is required to be completed by...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep

Q&As

What information do you have on a case involving the NHS and partitions left at a premises that should have been removed on exercise of break option?

The following may be of assistance:•Riverside Park Ltd v NHS Property Services Ltd, and related News Analysis: Tenant failed to comply with vacant...

28th Sep

Q&As

A lease was granted to individual members of a company. In practice, the company pays the rent but no formal assignment has been completed. The tenant now wishes to exercise a break option. Who should serve the break notice—the named individuals or the company?

The case of Lankester & Son v Rennie and another may assist. Here, the defendants entered into a lease with Lankester and, subsequently, moved out of...

28th Sep

Q&As

I am acting for a landlord who granted a seven-year contracted out lease on 1 September 2010. The lease contained a mutual rolling option to break (on not less than six months’ notice). The landlord served notice in September 2014 to bring the lease to an end in March 2015. Since March 2015, the landlord and tenant have been discussing terms for a new lease (of part of the original demise), and the tenant has remained in occupation of the whole. The actions of both parties would impliedly suggest that they agree to the withdrawal of the notice. Would a new lease automatically arise in these circumstances (albeit a protected tenancy)? If so, would this be on the terms of the previous lease—including the original expiry date, or would this be a periodic tenancy? Alternatively, as the parties have been discussing terms for a new lease, could the tenant's occupation be deemed an implied tenancy at will pending the grant of a new contracted out tenancy?

Has the break notice been withdrawn and, if so, what will be the terms of the tenant’s occupation?Halsbury's Laws, Volume 62, paragraph 230 summarises...

28th Sep

Q&As