header-logo header-logo

01 July 2010 / Nick Knapman
Issue: 7424 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Breaking news

Nick Knapman discusses break notices—a topic likely to get property solicitors’ hearts racing

Few tasks place a property solicitor more on edge than the preparation and service of a break notice to determine a lease. Despite Lord Hoffmann’s landmark judgment in the 1997 Mannai decision and his “reasonable recipient” test, cases continue to reach the courts on the validity of notices served Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749, [1997] 3 All ER 352).

Preparation

For a tenant break option to be validly exercised when giving notice, the legal tenant or its agents/solicitors must give the notice. The deeds, the Land Registry, recent rent demands and Companies House must therefore be checked to ensure that the notice is given by the current lawful tenant or tenants.
In Prudential Assurance v Exel UK Limited and another [2009] EWHC 1350 (Ch), [2009] All ER (D) 122 (Sep) the relevant lease was held by two companies in the same group, one active and trading (Exel), the other dormant (Consumer).

The break notice was served on the landlord in Exel’s name,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll