We have blogged on a number of occasions about the pitfalls befalling tenants when it comes to the exercise of break options. The case of Levett-Dunn v NHS Property Services Ltd is an example of case that was decided in the tenant’s favour and serves as a salutary lesson to landlords that they cannot rely … Continue Reading
More news on break clauses - an important appeal to come on the question of refunding rent for the period after the break and also a new case on whether a break clause could be exercised and then whether it was effective because of patch repairs… Continue Reading
There has been much commentary in the property press over the last few days reporting on the eagerly anticipated outcome of BNP Paribas’ appeal against the High Court’s ruling last year that allowed M&S (BNP’s tenant) to recover £1.1m of rent and other charges after exercising their break right. The Court of Appeal allowed the … Continue Reading
Break clauses are often incorporated into leases as a way for the tenant and occasionally, but less frequently, the landlord to maintain flexibility. In the present market they are often exercised by tenants. But exercising break rights and even the clauses can cause problems for the unwary tenant and great care must be taken to … Continue Reading
