Break Clauses 2nd edition
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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
鈥he Nature of a Break Clause in a Lease
鈥ormalities and Registration
鈥蝉蝉颈驳苍尘别苍迟
鈥ho May Exercise the Break Clause
鈥he Form & Content of the Break Notice
鈥onditions in a Break Clause
鈥articular Conditions in a Tenant's Break Clause
鈥he Recovery of 'Overpaid' Rent
鈥edevelopment Break Clauses
鈥he Time for Service of the Break Notice
鈥he Method of Service of the Break Notice
鈥n Whom the Break Notice Should be Served
鈥nvalid Break Notices: Estoppel, Waiver, Withdrawal
鈥he Effect of Exercising a Break Clause
鈥rofessional Liability
鈥usiness Tenancies
鈥esidential Tenancies
鈥gricultural Tenancies
鈥rafting Break Clauses
鈥ractical Tips on Exercising a Break Clause
鈥辫辫别苍诲颈肠别蝉