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Break Clauses 3rd ed


ISBN13: 9781509942039
Previous Edition ISBN: 9781784730345
To be Published: November 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £130.00



This is the only book to deal exclusively with the important topic of break clauses, which affect a significant proportion of all landlord and tenant relationships.

The book provides a comprehensive and authoritative survey of the law relating to the drafting and operation of break clauses. It covers over 500 cases relevant to the topic. The book also considers the areas of the law that interrelate with break clauses, including contractual construction, assignment, estoppel, mistake and professional negligence.

Previous editions of Break Clauses have been referred to as “scholarly and practical” (Sir Kim Lewison) and “excellent and much needed” (Lord Neuberger). This new edition includes the most recent and relevant judgments that have had an important impact on the law affecting break clauses. There are two new chapters: one on the interrelationship between break clauses and compulsory purchase (of particular relevance in light of large-scale projects such as HS2 and Crossrail) and one on the interrelationship between break clauses and rent review.

The third edition covers new legal developments, including the new Electronic Communications Code and its impact on break clauses.

Subjects:
Landlord and Tenant Law, Commercial Property
Contents:
Foreword to the Second Edition
Foreword to the First Edition

1. The Nature of a Break Clause
2. Formalities and Registration
3. Assignment
4. Who May Exercise the Break Clause
5. The Form and Content of the Break Notice
6. The Time for Exercise of the Break Clause and Service of the Break Notice
7. The Method of Service of the Break Notice
8. On Whom the Break Notice Should Be Served
9. Conditions in a Break Clause: General Principles
10. Particular Conditions in a Tenant's Break Clause
11. The Recovery of 'Overpaid' Rent and Other Sums
12. Redevelopment Break Clauses
13. Invalid Break Notices: Waiver, Estoppel and Withdrawal
14. The Effect of Exercising a Break Clause
15. Break Clauses and Compulsory Purchase
16. Break Clauses and Rent Review
17. Professional Liability
18. Business Tenancies
19. Residential Tenancies
20. Agricultural Tenancies
21. Drafting Break Clauses
22. Practical Advice When Exercising a Break Clause

Appendix 1: Break Clause for the Landlord – On One or More Specified Dates
Appendix 2: Break Clause for the Landlord – Incorporating a Rolling Break
Appendix 3: Break Clause for the Tenant – On One or More Specified Dates
Appendix 4: Break Clause for the Tenant – Incorporating a Rolling Break
Appendix 5: Particulars of Claim – Landlord's Claim for Declaration etc.
Appendix 6: Defence and Counterclaim – In Response to Landlord's Claim for Declaration etc.

Index