Break options

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Practice notes
The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and these conditions are incorporated into many...
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9th Nov
Practice notes
Official search with priority—registered land or seller’s title pending first registrationHow and when to search?An official search with priority will...
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9th Nov
Practice notes
What is a rent deposit?A rent deposit is a sum of money that is deposited by a tenant when it takes a lease of premises as security against the...
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9th Nov
Practice notes
Consecrated land—Church of EnglandFor the purposes of this section of this Practice Note, consecrated land means any land or building which has been...
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9th Nov
Practice notes
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the...
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9th Nov
Precedents
An adaptable Word version of this Precedent can be saved, downloaded or printed from this link:Completion statement—saleThis Precedent is a template...
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9th Nov
Precedents
1 The Grantor grants to the Grantee the right for the Grantee and his successors in title as owners or occupiers for the time being of...
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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
Transfer of partPrecedent transferAn adaptable Word version of the precedent form TP1 can be downloaded, saved or printed from this link:Drafting...
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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
How should the money be transmitted?Most contracts relating to commercial property incorporate either the second or third editions of the Standard...
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9th Nov
Precedents
You are applying for registration of [insert details of property] at HM Land Registry and as part of that application you must disclose any overriding...
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9th Nov
Precedents
This Deed is made on [date]Parties1[name of person releasing the covenants] [of [insert address] OR incorporated in England and Wales with company...
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9th Nov
Practice notes
Joint insuranceJoint insurance arises where two or more people insure separate insurable interests in the same property with the same insurer under a...
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9th Nov
Practice notes
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which...
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9th Nov
Precedents
Under s 45 Leasehold Reform Housing and Urban Development Act 1993 (the ‘1993 Act’)Flat:[insert address and description of the Property]To:[insert...
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9th Nov

Most recent Break options content

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 30th Nov
Q&As
Law of Property Act 1925, s 196In the context of a lease, section 196 of the Law of Property Act 1925 (LPA 1925), is often expressly incorporated and...
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30th Nov
Q&As
Practice Note: LTA 1954 business lease renewal—termination provides guidance on this scenario. The position with regard to termination on or after the...
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30th Nov
Q&As
A break notice is a contractual notice. Therefore, while some general principles may be drawn from case law, it is the terms of the lease which will...
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30th Nov
Q&As
A tenant can serve a second break notice where they believe the first notice may be invalid as set out in Practice Note: Break clauses and...
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30th Nov
Q&As
ScenarioA client has just called to tell me that after some last minute management meetings, they would like to give notice urgently to end the lease...
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29th Nov
Q&As
The exercise of an option in a lease to end the term (a ‘break option’) is often subject to conditions. Those conditions must be strictly observed,...
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29th Nov
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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29th Nov
Q&As
No unilateral withdrawal or waiverA notice, once served, cannot be unilaterally withdrawn, nor can the right to enforce it be unilaterally waived...
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29th Nov
Q&As
Where the lease is protected by the Landlord and Tenant Act 1954 (LTA 1954), it is possible to specify that the landlord may exercise a break option...
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29th Nov
Q&As
Case study:T has a leasehold interest in a residential dwelling which arises from a lease of a term of 300 years created in 1755. The lease has with...
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29th Nov
Q&As
It has been assumed that there is no term in the lease specifying the time at which the tenant must give up vacant possession of the property when the...
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Produced in partnership with Christopher Snell of New Square Chambers 29th Nov
Q&As
The following may be of assistance:•Riverside Park Ltd v NHS Property Services Ltd, and related News Analysis: Tenant failed to comply with vacant...
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29th Nov
Q&As
There will be an automatic determination of a subtenancy at common law on the termination of a head tenancy pursuant to a notice to quit or a break...
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29th Nov

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