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
We have posted previously on the difficulties of operating break clauses effectively . Today the Court of Appeal (in a case where we were acting for the landlord) has considered the meaning of a break clause which was conditional on the tenant delivering up with vacant possession.… Continue Reading
Effecting a lease break can be vital to a tenant’s business plans. There are a vast number of reported cases on the question of whether notices have been validly served. There are many more property lawyers’ files where the operation of a break is challenged. Tenants need to take great care and seek legal advice … Continue Reading