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Break Clauses 2nd edition

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

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ISBN/ISSN: 9781784730345
Published: March 24, 2016
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£192.00
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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

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