Break clause
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Tenant fails to justify inclusion of break clause on lease renewal
Court found that a tenant’s break clause would have a negative impact on the landlord’s reversion
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Interpreting a clumsily drafted break clause
GKN Aerospace Services Ltd v Duncan Investments Ltd provides an interesting review of the proper…
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A novel case on the meaning of ‘vacant possession’
A great many disputes about the exercise of break rights turn on whether the tenant has complied…
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Moot Point: Them’s the breaks. Does a tenant’s failure to comply come at a cost?
Jonathan Seitler QC and Miriam Seitler debate failure to comply with a condition of a break clause
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Failure to reinstate would not negate a break right
When a break clause requires a tenant to give vacant possession to its landlord, the tenant must remove all its possessions, return the keys to the landlord and ensure that…
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The Supreme Court has refused to imply a term in a lease enabling a tenant to recover pre-payments in respect of a period after a break date
In Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd, the tenant argued that it was entitled to a refund because there was an implied term…
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A conditional break right is really not a right at all
Sirhowy Investments Ltd v Henderson [2014] EWHC 3562 (Ch); [2014] PLSCS 307 is the latest in a long line of decisions that illustrate the problems caused when break rights are…
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Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd
Landlord and tenant Break clause
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The Court of Appeal has refused to imply a term in a lease that would have enabled the tenant to recover pre-payments in respect of a period after a break date
Where a break clause is conditional, the general rule is that the tenant must pay a full quarter’s rent on the rent payment day before the break date, even though…
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Marks & Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd
Landlord and tenant – Break clause – Rent – Lease of commercial premises – Break clause exercisable by respondent tenant on fulfilment of certain conditions including payment to appellant landlord…
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Arlington Business Parks GP Ltd v Scottish & Newcastle Ltd
Landlord and tenant Break clause
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Arlington Business Parks GP Ltd v Scottish & Newcastle Ltd
Landlord and tenant – Break clause – Lease of commercial premises – Validity of break notice – Break clause entitling defender tenant to terminate lease on giving 12 months’ notice…