Header graphic for print
Keeping It Real Estate News and Trends in UK Real Estate, Disputes and Planning Law

Tag Archives: break clause

Posted in Case Updates

Tenant fails to satisfy break clause in latest VP ruling

The High Court has ruled in the recent case of Capitol Park Leeds PLC v Global Radio Services Limited [2020] that a tenant’s attempt to exercise the break in a lease, which was conditional on the tenant giving “vacant possession of the Premises” to the landlord, was not effective after the tenant had removed a

Posted in Real Estate News

Breaking news: M&S loses break clause appeal

Tenants cannot recover any rent paid in advance when they exercise a break clause. This was the conclusion of the Supreme Court today in the final chapter of the long running Marks and Spencer break clause case. You may recall from our blog in May 2014 (No refund in M&S break case) that the Court

Posted in Real Estate News

No refund in M&S break case

The Court of Appeal refused to imply a term into a lease that would enable a tenant to a refund of rent paid in advance and which related to a period after the break date.  This was despite the fact that the tenant had paid a break premium equivalent to approximately one year’s rent. Marks

Posted in Case Updates

Breaking up is hard to do – Operation of conditional break clause ineffective without actual payment of break penalty

Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 Canonical was TST’s tenant under a lease. The lease contained a break option entitling Canonical to terminate the lease on six months’ notice provided the rent was paid up to and including the break date, there was no breach of covenant, and Canonical paid one

Posted in Real Estate

Legal A – Z: ‘B’ is for break clause

Q) How does the timing of a break clause coincide with a rent review? A: The general presumption is that time is not of the essence for working through the machinery of a rent review clause. However, as strong a presumption as that may be, it may be rebutted if there are clear indications to