Break options and notices

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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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19th May
Q&As
The simple answer to this question is yes, there is a right to lop or cut back hedges or trees that belong to a neighbour and overhang your land. The...
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Produced in partnership with Brie Stevens-Hoare QC of Hardwicke Chambers 19th May
Precedents
To [Insert name of building owner] (‘Building Owner’)Of [insert Building Owner’s main address]The Party Wall etc Act 1996Acknowledgement of NoticeAs...
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19th May
Precedents
To [insert Adjoining Owner]Of [insert Adjoining Owner’s main address][Insert date]Dear [title]The Party Wall etc Act 1996Notice of proposed works –...
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19th May
Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 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
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
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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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
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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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

Most recent Break options and notices content

Q&As
If a tenant serves a break notice and subsequently realises that the notice is likely to be invalid because it hasn’t complied with the stipulations...
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5th Jun
Q&As
When a lease includes a clause relating to service of notices, will this take precedence over section 23 Landlord and Tenant Act 1927 or can the...
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5th Jun
Q&As
Is value added tax chargeable on payment of a penalty to exercise a tenant’s break right?Where payment is being made by a tenant to the landlord for...
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5th Jun
Q&As
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...
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5th Jun
Q&As
If a landlord has previously accepted a notice from the tenant which did not comply with the terms of the lease, must the landlord also accept any...
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5th Jun
Q&As
How do I calculate lease term commencement and expiry dates and the anniversary of a term commencement date?If the lease says that the term runs ‘from...
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5th Jun
Q&As
If a tenant has served a break notice in respect of a excluded business tenancy, can the landlord agree that the break notice is rescinded and allow...
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5th Jun
Q&As
Is service on a landlord which is an offshore company valid if served on the UK property address at HM Land Registry?Law of Property Act 1925, s 196In...
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5th Jun
Q&As
Does a mortgage come to an end automatically when a lease is terminated by a break notice, and if so is lender’s consent needed to close the...
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5th Jun
Q&As
Does the right to double value under section 1 of the Landlord and Tenant Act 1730 apply where the landlord has served notice to end a residential...
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5th Jun
Q&As
Do I have time to serve an effective break notice, what form should it take and what is the method of service?ScenarioA client has just called to tell...
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5th Jun

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