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, I …
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Administration: The Game is up

A recent Court of Appeal ruling has called a stop to company administrations that were tactically timed to fall after rent quarter dates. Bryan Johnston explains ‘It would be hoped that the outcome of Game will lead to co-operation between landlord and insolvency practitioner.’ The Court of Appeal has held that where a leasehold property …
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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 And Legislative Round-Up: Keeping up to date

Leona Briggs and Gary Lawrenson provide a snapshot of recent developments in case law and legislation ‘Watch this space! Although the current position is that all qualifying works in a year are to be calculated as one set of works, we understand an application for permission to appeal out of time has been made by …
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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, tenants …
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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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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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Case Round Up

Paul Tonkin summarises some recent case law Developer’s procrastination results in valid termination of contracts to purchase Bhat v Masshouse Developments Ltd [2012] Mr Bhat and others exchanged contracts between November 2007 and February 2008 for the purchase of long leases in a residential block that Masshouse was developing. The purchasers paid deposits on exchange. …
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