Navigate the complexities of break options and notices with expert guidance tailored for property dispute specialists. Unlock strategies to effectively exercise or challenge break clauses, ensuring compliance with all procedural requirements. Equip yourself with the knowledge to manage critical timelines and avoid common pitfalls in commercial leases.
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on The availability of proprietary injunctions in antecedent transaction claims in insolvency proceedings (Khan v Goldfarb)
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Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Does the service of a second section 21 notice invalidate a previous notice section 21 that had been served? There are no issues with form or service etc of the notices and both remain within the six-month window.We are not aware of any authorities in respect of the effect of service of a second
The lease code recommends that tenant's resist break clauses which are conditional on vacant possession being given and instead suggests that the condition to give up ‘occupation’ is preferable. On one level while the general law suggests that giving up occupation is a lesser obligation than giving
Break clauses and notices—exercising breaks and conditions precedentThis Practice Note explains, in the context of both residential and business leases, what a break clause is, when it may be exercised (including interpretation of common deadlines for when to serve a break notice and the meaning of
Does section 196 of the Law of Property Act 1925 apply to service of a break notice where a lease does not make any provision as to as to method of service? Is there any guidance as to what ‘required’ or ‘authorised’ means in the context of section 196?This Q&A raises the circumstances in which
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