Operating a break clause is not simply a case of submitting a formal notice to terminate the lease in accordance with the break clause conditions. This is far from the case, and the devil is in the detail. Break clauses will almost always contain specific requirements for performance; Failure to strictly comply with these pre-conditions […]
Tenant Guide to Landlord Disrepair Claims
The expiry of a lease presents a landlord with the possibility of an income void lasting many months, which has an even greater impact in a difficult lettings market. It is unsurprising, therefore, that unscrupulous landlords sometimes regard a terminal dilapidations claim as a means of offsetting the leaner times ahead. What can a tenant […]
Break Clause cases
Recent Break Clause Cases (Part 2) NB This paper should be read in conjunction with Part 1, which summarises some of the mechanics of break clauses that often arise for consideration. PCE Investors Limited v Cancer Research UK [2012] EWHC 884 Facts: The break clause required T to pay the rents reserved by the lease up […]
Common Law Damages and the Statutory Cap
At the end of the term, a landlord may find that he has a damages claim against the departed tenant. It has been conventional to differentiate between the common law measure of damages and the statutory cap on those damages.[1] The Basic Common Law Measure At common law, damages comprised COST OF – BETTERMENT […]
Dilapidations Protocol – A Landlord and Tenant Update
The Dilapidations Protocol was adopted in January 2012. This article reflects on the twelve month following adoption and looks at what this means to Landlords and tenants. Author; Ciara Fairley, Falcon Chambers, 27th February 2013 The Pre-Action Protocol for Claims for Damages in Relation to the Physical State of Commercial Property at Termination of a […]