Break conditions must be strictly complied with. If a condition provides that any outstanding rent is paid up, the tenant must make sure that it is paid in full and on...
Break clauses—commercial importance Commercially, the break clause is likely to be a key clause for a tenant to give it flexibility. Failure to comply with the terms of...
A tenant's right to break is often conditional on compliance with covenants. The extent to which those conditions must be satisfied depends on whether they are absolute...
Where a tenant has protection under Part II of the Landlord and Tenant Act 1954 (LTA 1954), service by the landlord of a contractual notice to exercise a break clause...
It is crucial that the requirements in a break clause—as to form and service of the notice and not just the conditions on the option—are complied with to the letter. The...
What is a break clause? A break clause is a clause that allows a landlord and/or a tenant to end a lease before the expiration of the fixed term, often at a particular...
Variation of terms—generally As there is no privity of contract or privity of estate between a head landlord and an undertenant, an undertenant will not be affected by...
Time is generally of the essence for serving a notice to exercise a break option or clause in a lease. This Practice Note covers the need to comply with the mechanics of...
It is crucial to identify the correct party when serving notices. A notice containing an error may still be valid, but the notice must be so clear and unambiguous as to...
This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice. Therefore, whilst some general...
In Mannai v Eagle Star the House of Lords upheld as valid a contractual break notice containing an obvious error on the ground that a reasonable recipient would not have...
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 property as between...
Vacant of people If the contract states that the property is to be sold with vacant possession, the seller must ensure that any existing tenants or other occupiers...
Introduction A site that is ripe for redevelopment can also be laden with different interests, with varying degrees of legal protection. Landlords that are looking to...
The general common law principle is that when a lease comes to an end any underlease automatically terminates. Consensual termination—surrender and merger Statute...
The case law on withdrawal of notices involves notices to quit (NTQ). However, it appears to be accepted, in practice, that the rules apply to the withdrawal of break...