Break options and notices

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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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19th May
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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19th May
Precedents
1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...
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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 considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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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
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
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

Most recent Break options and notices content

Q&As
Will the grant of a new lease result in an existing lease being surrendered by operation of law?A surrender by operation of law occurs when the...
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11th Jun
Q&As
A landlord serves a break notice on the tenant and but the notice is addressed to the previous tenant. The other details of the notice are correct. Is...
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Produced in partnership with Sebastian Clegg of Gough Square Chambers 11th Jun
Q&As
In a lease protected under the Landlord and Tenant Act 1954, is it possible to have a landlord break option exercisable on the basis that one of the...
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11th Jun
Q&As
Will using a landlord break clause in the last year of a commercial lease, have the same effect as contracting out of the Landlord and Tenant Act...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 11th Jun
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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6th Jun
Q&As
Is there any guidance for UK commercial tenants who need to fulfill break option obligations by vacating premises during the current coronavirus...
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6th Jun
Q&As
Is there a difference between ‘vacate’ and ‘give up occupation’?It is trite to say that where one of the ‘expressions’ above is used in a statute or...
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Produced in partnership with Desmond Kilcoyne 6th Jun

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