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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Break Clauses 2nd ed

ISBN13: 9781784730345
Previous Edition ISBN: 9780414048157
Published: March 2016
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £105.99

In stock.

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.

Landlord and Tenant Law, Commercial Property
The Nature of a Break Clause in a Lease
Formalities and Registration
Who May Exercise the Break Clause
The Form & Content of the Break Notice
Conditions in a Break Clause
Particular Conditions in a Tenant's Break Clause
The Recovery of 'Overpaid' Rent
Redevelopment Break Clauses
The Time for Service of the Break Notice
The Method of Service of the Break Notice
On Whom the Break Notice Should be Served
Invalid Break Notices: Estoppel, Waiver, Withdrawal
The Effect of Exercising a Break Clause
Professional Liability
Business Tenancies
Residential Tenancies
Agricultural Tenancies
Drafting Break Clauses
Practical Tips on Exercising a Break Clause