Tag Archives: Break Clauses

(UK) Tenants Break Rights

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

Exercising break clauses – apportion rent at your peril

This post was written by Katherine Campbell and Siobhan Hayes. We have seen many cases deciding whether tenants have managed to break their leases during this economic downturn. Many tenants break rights are conditional on rent payment by the break date and the recent case of PCE Investors Limited v Cancer Research UK highlights another danger … Continue Reading

Unbroken Leases

Break clauses are currently one of the hot topics in real estate litigation. This is unsurprising given the state of the market. A High Court case reported this week shows how difficult it can be for tenants to operate a conditional break clause in a lease. In this case, the lease contained a condition that … Continue Reading

A painless break – guidance on getting out of your lease

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