Break options and notices

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Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes
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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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Break options and notices content

Practice notes
Vacant possession strategy for redevelopmentCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in...
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Produced in partnership with Jill Carey of Freeths 23rd Aug
Practice notes
VAT issues for lease assignments and terminationsFORTHCOMING CHANGE: HMRC is in the process of revising Revenue and Customs Brief 12 (2020) on the VAT...
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Produced in partnership with Martin Scammell 16th Aug
Precedents
Landlord’s break option for redevelopmentLandlord's break option for redevelopment1The Landlord may determine this Lease by giving to the Tenant not...
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10th Aug
Q&As
If a notice to quit is not signed, will that invalidate the notice?This question raises the issue of the requirements for a valid notice to quit. Such...
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10th Aug
Q&As
A tenant under a fixed term of ten years has been holding over for three years. The rent is payable annually on the 1st September each year. What...
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10th Aug
Q&As
Section 196 of the Law of Property Act 1925 requires notices under the Act to be served 'in writing'. Does 'in writing' include by email?The Law of...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 10th Aug
Q&As
If a lease requires service by recorded post and the notice is returned as not signed for, will that still be good service?Leases will tend to set out...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
Q&As
Do I have time to serve an effective break notice, what form should it take and what is the method of service?ScenarioA client has just called to tell...
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10th Aug
Q&As
When a lease includes a clause relating to service of notices, will this take precedence over section 23 Landlord and Tenant Act 1927 or can the...
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10th Aug
Q&As
If a landlord cannot be certain of the date on which an implied annual periodic commenced (and therefore, cannot precisely determine the end date for...
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Produced in partnership with Alexander Campbell of Field Court Chambers 10th Aug
Q&As
Section 196 of the Law of Property Act 1925 provides for service at the ‘last-known place of abode’. If a party lives in Canada, must notice still be...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 10th Aug
Q&As
Can a landlord exercise a landlord's break right in a lease during the moratorium when the tenant is in administration?The moratorium is set out in...
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Produced in partnership with Helen Galley of XXIV Old Buildings 10th Aug
Q&As
How do you serve a contractual or statutory notice when the recipient’s offices are closed as a result of coronavirus (COVID-19)?As set out in Q&A:...
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10th Aug

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