Break options and notices

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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
To [Insert Adjoining Owner]Of [Adjoining Owner’s main address][Insert Date]The Party Wall etc Act 1996Notice of proposed works — Line of Junction...
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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
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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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 provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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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
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
Where a lease has been contracted out of the Landlord and Tenant Act 1954, can a landlord grant a tenant a break option to terminate only part of the...
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5th Jun
Q&As
Section 196 of the Law of Property Act 1925 requires notices under the Act to be served 'in writing'. Does 'in writing' include by email?The Law of...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 5th Jun
Q&As
Is a break notice invalidated where the tenant has made a mistake as to the date that the lease commenced?Where there is a mistake in a notice served...
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5th Jun
Q&As
Can a landlord exercise a landlord's break right in a lease during the moratorium when the tenant is in administration?The moratorium is set out in...
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Produced in partnership with Helen Galley of XXIV Old Buildings 5th Jun
Q&As
What information do you have on a case involving the NHS and partitions left at a premises that should have been removed on exercise of break...
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5th Jun
Q&As
If a periodic tenancy starts on first of the month and a notice was served by pushing it under the tenant’s door on 1 June after 5pm requiring...
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Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun
Q&As
In what circumstances does the reference in LPA 1925, s 196(4) to ‘letters being returned undelivered’ apply?Practice Note: Break clauses and...
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5th Jun
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

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