header-logo header-logo

25 November 2016 / John Clargo
Issue: 7724 / Categories: Features , Property
printer mail-detail

If it ain’t broke...

nlj_7724_clargo

Advising on compliance with break provisions in a lease is no easy matter, says John Clargo​

  • Works can trip you up when breaking a lease.
  • Check both the wording of licences and what has actually been done.

The interplay between tenants’ rent obligations and their ability to break the term of their leases has long been a topic of considerable interest to practitioners advising either landlords or tenants. Two cases in particular will have been high on the radar in advising clients before and after the exercise of a break clause.

In PCE Investors v Cancer Research UK [2012] EWHC 884 (Ch), [2012] All ER (D) 111 (Apr) Peter Smith J. held that to exercise a break clause falling between rent payment dates A and B validly, a tenant had to have paid all the rent lawfully due on date A. They were not entitled to apportion the relevant gale of rent by paying only for the period from date A to the break date. He suggested that instead of paying the reduced sum, the tenant should have paid the full gale

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll