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
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
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
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 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 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 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
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
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

Practice notes
Break clauses—a tenant’s practical lease negotiation guideBreak clauses—commercial importanceCommercially, the break clause is likely to be a key...
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5th Jun
Practice notes
Break clauses and notices—serviceThis Practice Note covers by and upon which party the break notice must be served, the method of service of a break...
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5th Jun
Practice notes
The ‘registration gap’The ‘registration gap’ is the period of time between completion of the transfer of a property (the legal process of transferring...
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5th Jun
Practice notes
What happens to an underlease on termination of the lease?The general common law principle is that when a lease comes to an end any underlease...
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5th Jun
Practice notes
Vacant possessionVacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion.In...
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5th Jun
Precedents
Landlord’s break option for redevelopmentLandlord's break option for redevelopment1The Landlord may determine this Lease by giving to the Tenant not...
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5th Jun
Precedents
Cover letter to serve second notice without prejudice to the validity of a first notice to determine lease under break optionYour Ref:Our...
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5th Jun
Practice notes
Break clauses and notices—exercising breaks and conditions precedentCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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5th Jun
Practice notes
Lease variations—impact on underleaseVariation of terms—generallyAs there is no privity of contract or privity of estate between a head landlord and...
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5th Jun
Precedents
Cover letter to serve notice to determine lease under break optionYour Ref:Our Ref:Date:From: [Insert name of Landlord’s/Tenant’s Solicitor] of...
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5th Jun
Precedents
Tenant’s break noticeNotice to terminate leaseTo: [name of landlord] of [address]Lease dated [insert date] and made between (1) [name of (original)...
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5th Jun
Q&As
Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether...
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Produced in partnership with Alexander Campbell of Field Court Chambers 5th Jun
Q&As
If a notice to quit is not signed, will that invalidate the notice?This question raises the issue of the requirements for a valid notice to quit. Such...
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5th Jun
Q&As
A notice is to be served under a lease by post, but we only have an email address for the former tenant. Will an email be deemed as valid service?In...
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5th Jun
Q&As
Where a tenant needs to serve a break notice under a lease, but an LPA receiver has been appointed over the landlord's interest, who should the notice...
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5th Jun
Q&As
Does section 196 of the LPA 1925 apply to a notice served under section 136(1) of the Law of Property Act 1925 and if so what are the provisions as to...
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4th Jun
Precedents
1 Either the Landlord or Tenant may terminate this lease [on or at any time after [insert date] OR on [insert date] OR on the...
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26th Sep
Precedents
1 The Tenant may terminate this Lease [on or at any time after [insert date] OR on [insert date] OR on the expiry of the...
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26th Sep
Precedents
1 The Tenant may terminate this Lease [on or at any time after [insert date] OR on [insert date] OR on the expiry of the [insert...
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26th Sep

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