header-logo header-logo

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

Breaking up is hard to do

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll