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Break Clauses 2nd edition

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ISBN/ISSN: 9781784730345
Published: March 31, 2016
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£99.00
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Product description

Why should you buy Break Clauses


Break Clauses is a comprehensive guide that explains everything a property practitioner needs to know in respect of break clauses including:

* Comparisons between break clauses and other methods of terminating leases
* How to interpret break clauses and break notices
* How break clauses relate to other clauses within the lease, e.g. rent review clauses
* The effect of exercising a break notice on the respective obligations of landlords / tenants / sub-tenants
* The consequences of there being conditions precedent attached to the exercise of a break clause
* The formalities and the possible registration requirements of break clauses
* The procedure for the service of a break notice and the consequences of failing to comply with that procedure
* The interrelationship between break clauses and the security of tenure procedures under the Landlord and Tenant Act 1954
* Issues of professional liability in the context of break clauses
* Redevelopment break clauses
* Guidance on break clauses in residential and agricultural tenancies

This new edition has been comprehensively updated and expanded to include coverage of:

* Latest important decisions such as M&S v BNP Paribas [2015], Siemens v Friends Life (CA) [2014], Avocet [2012], PCE Investors [2012], Gemini Press [2012], Fitzhugh v Fitzhugh [2012], HFI Farnbrough v Park Garage [2012], Canonical v TST Millbank [2012], and Quirkco v Asprey [2012]
* Further analysis of debate and opinion on topical issues such as the recoverability of 'overpaid' rent following the termination of a lease
* Extended selection of precedents

Table of contents

Contents

•The Nature of a Break Clause in a Lease
•Formalities and Registration
•Assignment
•Who May Exercise the Break Clause
•The Form & Content of the Break Notice
•Conditions in a Break Clause
•Particular Conditions in a Tenant's Break Clause
•The Recovery of 'Overpaid' Rent
•Redevelopment Break Clauses
•The Time for Service of the Break Notice
•The Method of Service of the Break Notice
•On Whom the Break Notice Should be Served
•Invalid Break Notices: Estoppel, Waiver, Withdrawal
•The Effect of Exercising a Break Clause
•Professional Liability
•Business Tenancies
•Residential Tenancies
•Agricultural Tenancies
•Drafting Break Clauses
•Practical Tips on Exercising a Break Clause
•Appendices