header-logo header-logo

Breaking up is hard to do

08 August 2014 / Tamsin Cox
Issue: 7618 / Categories: Features , Property
printer mail-detail
specialist_property_cox

Tamsin Cox provides an update on the vexed issue of serving effective break notices

A break clause is fundamentally a unilateral option. Where there is no indication as to who may exercise the break, it is exercisable by the tenant only (Dann v Spurrier (1803) 3 Bos & P 399, [1803-13] All ER Rep 410), and, most crucially, where the exercise of a break clause is conditional, any conditions must be complied with strictly.

The rules seem straightforward, but it is as soon as one attempts to compose the notice in any given case that the true difficulty of establishing exactly what is necessary becomes obvious. There are endless complexities in establishing what sort of notice is required, by whom, on whom, and how it must be served, where, whether and how vacant possession must be given, and the practicalities of complying with any other specific conditions.

Friends Life

Quite how carefully any condition, however apparently inconsequential, must be complied with was emphasised again by the Court of Appeal

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll