Break options and notices

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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
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
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
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
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
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
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
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
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
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
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 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
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
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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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
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Break options and notices content

Practice notes
FORTHCOMING CHANGE: We understand that HMRC has informed the Joint VAT Consultative Committee (an HMRC-sponsored forum consisting of HMRC and...
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Produced in partnership with Martin Scammell 15th Jan
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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Produced in partnership with Jill Carey of Freeths 15th Jan
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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15th Jan
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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15th Jan
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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15th Jan
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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15th Jan
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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15th Jan
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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13th Jan
Q&As
We have assumed that the question relates to a break option in a commercial lease.The House of Lords case of Mannai Investments v Eagle Star Life...
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Produced in partnership with Sebastian Clegg of Gough Square Chambers 8th Jan
Q&As
The validity and form of a tenant’s notice exercising an option to purchase the demised premises will always depend on the terms of the option and any...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 8th Jan
Q&As
It is trite to say that where one of the ‘expressions’ above is used in a statute or document, its precise meaning will depend on the specific...
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Produced in partnership with Desmond Kilcoyne 8th Jan
Q&As
The Law of Property Act 1925, s 196(1) (LPA 1925) provides that where a notice is required or authorised to be served pursuant to the Act, that notice...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
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 8th Jan
Q&As
This Q&A considers the position as regards a commercial lease which affords the tenant a right to break the lease. It assumes that a tenant wishes to...
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Produced in partnership with Kate Andrews of Hamlins 8th Jan

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