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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Lease Break Options: Heading for certain breakdown

Marie-Louise Gobbi investigates recent judicial interpretation of lease break options ‘In the difficult economic climate of recent years, many tenants have sought to extricate themselves from lengthy lease terms.’I started researching this article with the assumption that it would be a fairly standard round-up of recent cases concerning the tricky operation of lease break options. …
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Vacant Possession: A practical overview

Dr Keith Shaw analyses the Court of Appeal decision in Ibrend Estates, and what vacant possession really means in practice ‘Tenants frequently misunderstand the requirements for the successful operation of a break option, and unwittingly find that they remain liable and tied to the covenants contained in their current lease because of a failure to …
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Landlord And Tenant Update: Waiving and drowning

Dellah Gilbert examines the practical implications of a recent judgment on break notices ‘Check the terms of the break clause carefully. Comply with any specified requirements precisely, for example addressing the notice to the landlord and sending a copy to an agent.’ There has been a flurry of cases over the last year or so …
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