Break Clauses: Breaking up is hard to do – part 3

Dan Cuthbert outlines where the recent decisions in Game and M&S leave apportionment of rent ‘Both the M&S and the Game appeal are good news for landlords. Tenants will find it increasingly difficult to argue that they should recover rent for any period after the exercise of a break date.’ Over the last two years, …
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Apportionment Of Rent: Breaking up is hard to do – part 2

Dan Cuthbert assesses the problem with Ellis v Rowbotham in the light of a recent decision ‘Morgan J concluded that a reasonable person reading the lease would expect that in a case where the break clause was operated to take effect on 24 January 2012 that the rent would be payable for the term to …
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Break Clauses And Apportionment Of Rent: A ray of light for tenants?

Richard Flenley and Joe Edwards review a case that indicates the court’s current stance on the repayment of sums on the valid exercise of a break clause ‘The decision represents something of a chink of light for tenants in what was previously a very landlord-friendly arena.’ There has been a line of cases – most …
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Case Round-Up

Paul Tonkin summarises recent case law Notices served under the Party Wall Act are deemed to have been received when they would arrive in the normal course of post Freetown Ltd v Assethold Ltd [2012] Freetown and Assethold owned neighbouring buildings in London. Freetown served notices on Assethold under the Party Wall etc Act 1996 …
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Lease Break Clauses: What could possibly go wrong?

Jon Dickins rounds up recent case law on the vexed issue of interpreting break clauses Recent cases have demonstrated that the courts will tend to side with the landlord if the tenant has not complied strictly with the wording of a break clause. Life is full of uncertainty and, in a competitive commercial property market, …
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Apportionment And Breaks: Breaking up is hard to do

Daniel Cuthbert discusses the vexed issue of apportionment of rent following the exercise of a break clause It may be possible to argue that a term should be implied, that rent is paid for the period of occupation only and that any overpayment caused by early termination ought to be repaid. Recent case law suggests …
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