Break options and notices

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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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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Precedents
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
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9th Nov
Practice notes
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
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9th Nov
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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9th Nov
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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9th Nov

Most recent Break options and notices content

Practice notes
FORTHCOMING CHANGE: HMRC is in the process of revising Revenue and Customs Brief 12 (2020) on the VAT treatment of early termination fees and...
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Produced in partnership with Martin Scammell 29th Apr
Practice notes
Status of the Lease Code 2020The Code for leasing business premises, RICS professional statement 2020 (the Lease Code 2020) is effective from 1...
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29th Apr
Q&As
Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to give security of tenure to tenants occupying premises for the purpose of a business,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Apr
Q&As
If the tenant remains in occupation at the end of a lease term, it may be inferred that it is remaining either as a:•tenant at will, or•tenant with a...
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27th Apr
Q&As
Periodic tenanciesA periodic tenancy is a tenancy that can be created either by express agreement or by inference. The period of the tenancy will...
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Produced in partnership with Alexander Campbell of Field Court Chambers 27th Apr
Precedents
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
27th Apr
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
Produced in partnership with Jill Carey of Freeths 27th Apr
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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16th Apr
Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
Break clauses—commercial importanceCommercially, the break clause is likely to be a key clause for a tenant to give it flexibility. Failure to comply...
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8th Apr
Practice notes
The ‘registration gap’ is the period of time between completion of the transfer of a property (the legal process of transferring the title to the...
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8th Apr
Practice notes
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...
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8th Apr
Practice notes
Variation of terms—generallyAs there is no privity of contract or privity of estate between a head landlord and an undertenant, an undertenant will...
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8th Apr
Q&As
This question raises the application of the Landlord and Tenant Act 1730 (LTA 1730) to modern tenancies. Although often overlooked by parties to a...
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29th Mar
Precedents
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...
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12th Feb

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