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Tenant: Give me a break!
Alan Morris reviews the courts’ rigorous approach to the interpretation of break clause conditions and calls for a more pragmatic approach going forward ‘It is common for a break clause to be conditional upon performance by the tenant of its covenants under the lease. Consequently, any subsisting breach of covenant on the part of the …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Avocet Industrial Estates LLP v Merol Ltd [2011] EWHC 3422 (Ch)
- Hotgroup plc v Royal Bank of Scotland plc [2010] EWHC 1241 (Ch)
- Ibrend Estates BV v NYK Logistics (UK) Ltd [2010] PLSCS 186; [2011] EWCA Civ 683
- Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19
- Quirkco Investments Ltd v Aspray Transport Ltd [2011] EWHC 3060 (Ch)
- Trustees Ltd & ors v Telular Corporation [2011] EWHC 104 (Ch)