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Residential Lease Conveyancing in 2022

Ask the Expert - April 2024

Ask The Expert - August

Ask the Expert - February

Ask the Expert - January 2024

Ask the Expert - July 2024

Ask the Expert - June 2024

Ask The Expert - March

Ask the Expert - March 2024

Ask the Expert - May 2024

Ask The Expert - November

Ask The Expert - November

Ask The Expert - October

Ask the Expert - October 24

Ask the Expert - September

Ask the Expert April

Ask The Expert February

Ask The Expert January

Ask The Expert May

Ask the Expert- September 24

Boundaries and Adverse Possession

Adverse Possession

Acknowledgement of title

Adverse possession and Pye v Graham

Criminal offence

Healey v Fraine [2023] EWCA Civ 549

Land Registration Act 2002

Milton Keynes Council v Wilsher and another [2022] EWHC 578 (QB)

Other miscellaneous points on adverse possession

Rowlands and another v Bishop and another

Weaver v Smith [2023] EWHC 1200 (Ch)

Highway Boundaries and Property Transactions

Highway Boundaries and Property Transactions

Adverse possession

Adverse Possession

Boundary agreements

Deeds, plans and boundary features

Practical Tips for Boundary Problems

Trees and hedges

Building Business

30 Years Ago, Doing Business Changed Forever

The Perfect Match

Websites and How to Attract Conveyancing Clients

Building Safety Act 2022

2-4 Leigham Court Road

A Surveyor’s Perspective on the Building Safety Act

Adriatic Land 5 Limited v The Long Leaseholders at Hippersley Point [2023] UKUT 271 (LC)

All Change! Landlord Certificate and Leaseholder Deed of Certificate

BSA 2022 - Property Transaction Forms

BSA 2022 – The Law Society Guidance

Building Safety Act - Case Chasers

Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act

Certification Requirements and Conveyancing: Dealing with the Blunt End of the Building Safety Act - Part 1

Cladding Remediation and Related Costs Recovery – A New Case in the FTT

Claims Under the Defective Premises Act 1972 (“DPA”) in the Light of the Building Safety Act 2024 (“BSA”)

Demystifying The Building Safety Act 2022: 45 Essential Questions Answered

Leasehold Flats - The 11m Height Rule

Leaseholder Causes of Action: Key Points for Busy Practitioners

Lehner v Lant Street Management Company Limited

Limitations on Recovery of Remediation Costs Through the Service Charge: Schedule 8

Litigating Remediation Contribution Orders

Loophole in the BSA closed by the Levelling Up & Regeneration Act 2023

Making an Application for a Remediation Contribution Order (RCO)

PII vs Conveyancing and the Building Safety Act 2022

Qualifying Leases: Before You Buy

Re-visiting Higher-Risk Buildings

Recent Case Highlights Upper Tribunal's Approach to Interpreting the BSA

Remediation Contribution Orders Case - Triathlon Homes

Remediation Order - BSA 2022

Remediation Orders – Is the FTT Being Consistent?

Resident (and Commercial) Evil(s): Mixed-Use Buildings & HRBs

The Accountables: Duties, Higher-Risk Buildings, and Principal Accountable Persons

The BSA – Faulty Workmanship?

The Building Safety Act – Early Reflections

The Evolution of Remediation Contribution Orders

The Limitation Game

Western Beach Apartment v Leaseholders: Fire Safety, Lease Variations and Remedies Under the Building Safety Act

Business Lease Renewal

Business Lease Renewal - Case Chasers

Contracting out

COVID and Rent Review

Does the Act apply?

Easements on renewal

Electronic Communications Code

Green Lease Terms

Insolvency of landlord

Intention to Occupy

Landlord and Tenant Act 1954, Part II

Lease Renewals under the LTA: Proceed with Caution

McDonald's Restaurants Ltd v Shirayama Shokusan Company Ltd

New lease terms (other than rent and duration)

Obligation to Pay Lease Rent

Registration of claim

Rent and duration

Section 25 notices

Section 26 requests

Climate Change and Conveyancers

Setting the Standard: Climate Risk Insights for Property Transactions

Co-ownership and Estoppel

Proprietary Estoppel

Assurance and reliance - Thorner

Free Acceptance – Still a Basis for Unjust Enrichment?

Partnership Dissolution & Proprietary Estoppel

Proprietary Estoppel Based On A Non-Binding

Williams v Williams and ors [2022] EWHC 1717 (Ch) 

Yeomans Row v Cobbe

Equitable accounting

Free Acceptance – Still a Basis for Unjust Enrichment?

Laches and estoppel

Legal and beneficial ownership

Orders for sale

Pallant v Morgan

Proprietary estoppel

Quistclose trust

Satisfying the equity

Commercial Property

A Successful Unjust Enrichment Claim in a Farming Family Context

Commercial Leases – Appeal Against Order for Possession

Commercial Property

Construction Law – Collateral Warranties

Contract Interpretation Dispute - Overage Provisions and Legal Determination

Document Drafts, Disputes and Overage

High Court Clarifies Scope of Mines and Minerals Reservation in North Yorkshire Land Case

Increased Rent and Negotiating Position for Telecoms Site Providers

Issues on Your PII Underwriter’s Radar for 2024

Navigating the path; Exploring Rights of Way

Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2023] EWCA Civ 482

Profits a Prendre - An Overview

Reform of the Landlord and Tenant Act 1954

The Interaction Between Commercial Property Contracts and Planning

Challenges Linked to Funds From China

How frequently should you refresh ID?

Conveyancing Quality Scheme

Key questions concerning the new CQS scheme

SRA Guidance on Leasehold Transactions

Data and Technology

“We Need Data to Protect our Lawyers”

The Scale and Cost of Requisitions

Defective Title Insurance

Boundary Issues

Introducer or Intermediary?

Excluding the right

Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] and Restrictive Covenants

Bucknell v Alchemy Estates (Holywell) Ltd [2023] EWHC 683 (Ch)

Construing rights of way

Easements – Rights of Way

Easements: Getting It Wrong…

Extent of grant

Implied and s62

Increasing the burden

Parking and mooring

Permission Stops Prescriptive Rights

Pumps, Power & Positive Obligations?

Repair to right of way

Sporting and recreational rights

Substantial interference

Electronic Communication Code

Interim Rights of Access for Operators under the Electronic Communications Code

Property Litigation – The Electronic Communications Code (the Code)

Climate Risks in Property Conveyancing

How Solicitors Can Step Into the Era of Climate Risk Advice With Confidence

Interview with Dr Timothy Farewell, Head of Science, Dye & Durham UK

Soil Subsidence Due Diligence: Today and Tomorrow

The General Binding Rules – 9 Years On!

The New Biodiversity Net Gain Rules and Property Development

Defective Manholes

Highways maintainable at public expense: what are they, and how do you identify them? PART 1

HM Land Registry

HM Land Registry Practice Guides

HM Land Registry Wins Acclaimed Programme of the Year Award

Testing Our Approach to Faster, Sustainable Services

The Local Land Charges Register at five – Q&A with Allison Bradbury

The Scale and Cost of Requisitions

Landlord and Tenant (General)

Address for Service

Material compliance and breaches

Repayment of rent

Vacant possession

Commercial Leases

Implied periodic tenancy

Commercial property rent review

Commercial Property Rent Review

Commercial Property Rent Review

How To Do a Rent Review - Part 1

How To Do a Rent Review - Part 7

How To Do a Rent Review - Part 9

How To Do a Rent Review – Part 10 (Agreement)

How To Do a Rent Review – Part 11

How To Do a Rent Review – Part 2

How To Do a Rent Review – Part 5

How To Do a Rent Review – Part 6

"Forfeiture of Leases"

Bank of New York Mellon (International) Ltd v Cine-UK Ltd & London Trocadero (2015) LLP v Picturehouse Cinemas Ltd

Coldunell Ltd v Hotel Management International Ltd

Commercial Leases – Appeal Against Order for Possession

Commercial Leases – Rent Arrears

Commercial property rent review

Commercial Property Rent Review

Commercial Rent (Coronavirus) Act

Dilapidations – “A Warzone With Grease”

How to Do a Lease Renewal- Part 9

Landlord and Tenant Act 1954, Part 2

Landlord and Tenant Act 1954, Part 2

Law Commission to Review Landlord and Tenant Act 1954, Part 2

Lease Renewal Terms and Landlord’s Break Right

Leasehold Service Charges

Notice To Quit Oral Periodic Tenancy

Now It’s Seller Beware!

OG Thomas Amaethyddiaeth Cyf v Turner 2022 EWCA Civ 1446

Opposing Renewal Under s30(1)(f)

Option To Call for New Lease Terminated for Breach

Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2023] EWCA Civ 482

Rent arrears; Commercial Rent (Coronavirus) Act 2022

Valid Tenancy Agreements

Valley View Health Centre (a firm) and others v NHS Property Services Ltd [2022] EWHC 1393 (Ch)

When is it Justifiable for a Landlord to Withhold Consent for Alterations?

Complex Ownership Structures

Is my HA my landlord? And does it matter

Is My HA My landlord? Checklist PART 3

Is My HA My Landlord? Part 2: Pitfalls

Landlord's response

Reasonable refusal

Tenant's request

Aslam v Rehman [2022] UKUT 251 (LC)

Contract – contract formation

Damages and s18 cap

Double Value claim

Landlord's obligation

Schedules and notices

Overlapping demise

Registration gap

Section 146 notices

Settlement and discontinuance

Surrender by agreement (conditional)

Unlawful forfeiture

Stampfer v Avon Ground Rents Ltd [2022 EWCA Civ 1375

How to Do a Lease Renewal

How I Started My Business

How to Do a Lease Renewal - Part 6

How To Do a Lease Renewal – Part 1

How To Do a Lease Renewal – Part 10

How To Do a Lease Renewal – Part 2

How To Do a Lease Renewal – Part 3

How To Do a Lease Renewal – Part 4

How to Do a Lease Renewal – Part 5

How to Do a Lease Renewal- Part 7

How To Do a Lease Renewal- Part 8

Landlord and Tenant Act 1987

Landlord and Tenant Act 1987, Part I

Lease Extensions

Lease Renewal Terms: Landlord's Brake Right

Landlord and Tenant Act 1954, Part II - B&M Retail Ltd v HSBC Pension Trust (UK) Ltd

Landlord and Tenant Act 1954, Part II - BMW (UK) Ltd v K Group Holdings Ltd

Notices to Quit

Landlord and tenant; Notices to quit

Opposing renewal: grounds (a) (b) (c)

Landlord and Tenant Act 1954, Part II - Gill v Lees News Ltd

Commercial property rent review

How To Do a Rent Review - Part 4

How To Do a Rent Review – Part 3

How To Do a Rent Review – Part 8

Presumption of reality

Rent review notices

Time of essence

Residential Leasehold Management

Can Landlords Shift the Goalposts on Service Charges?

Disputed Land Ownership and the Ten-Year Rule

FTT Finds That VAT on Staff Costs Are Reasonably Incurred

How Does the Registration Gap Impact on the Obligation on the Landlord to Consult?

RTM Companies Are Entitled To Apply for a s.168(4) Determination in the FTT

The Battle Over Fairness in Service Charges

Residential Leases

Appeal on Administration Charge Reasonableness and FTT Cost Rulings in Landlord-Tenant Dispute

Applications for First Registration and the Registration Gap

Issues with Shared Ownership

Landlord and Tenant, Validity of Notices

Lease Extension tips for Conveyancers

Lease User Clause

Modifying Lease Terms in Response to Fire Safety Issues

Prescott Place Freeholders Ltd & Ors v Batin & Donovan

Residential Long Leases

Service Charges

The Right to Manage

Residential Tenancies

Anti-Social Behaviour

Injunctions under 1996 Act

Possession orders

Disrepair Claims

Costs in disrepair cases

Damages for disrepair

Defective Premises Act

Flexible tenancies

Liability of landlord

Notice of disrepair - s11

Anti-social behaviour

Assured shortholds - s21 notices

Assured tenancies

Building Safety

Disrepair claims

Electrical safety standards

Introductory tenancies

Limitation Periods

Proceeds of crime

Right to Manage

Secure tenancies

Solicitors Practice Points

Tenant Fees Act

Tenant's notice to quit

The Renters Reform Bill

Unlawful eviction

security of tenure and estoppel

Service charges; Insurance

Assethold Limited v Hoye and Fox [2022] UKUT 173 (LC)

Assethold Ltd v Adam [2022] UKUT 282 (LC)

Mayor and Burgesses of the Tower Hamlets London Borough Council v Khan [2022] EWCA Civ 831

Service Charges

Tenants’ Pre-emption Rights; s5 Notices; Principal Terms & Severance

Landlord and Tenant Act 1987, Part I

The Leasehold Reform (Ground Rent) Act 2022

The Leasehold Reform (Ground Rent) Act 2022

The Renting Homes (WALES) ACT 2016

The Renting Homes (WALES) ACT 2016

Bank of New York Mellon (International) Ltd v Cine-UK Ltd & London Trocadero (2015) LLP v Picturehouse Cinemas Ltd

Chattels and fixtures

Coldunell Ltd v Hotel Management International Ltd

Commercial Rent (Coronavirus) Act

Commercial Rent (Coronavirus) Act 2022

Construction of lease terms

Free Acceptance – Still a Basis for Unjust Enrichment?

Frustration of lease

Goods left on the premises

L & T (Covenants) Act 1995

Landlord and Tenant Act 1954, Part II

Landlord and Tenant, Validity of Notices

Landlord and Tenant; Address for Service

Landlord and tenant; Notices to quit

Landlord’s Consent to Alterations

Lease or licence?

Legal Costs and Service Charges

Llangewydd Court Ground Rent Estate v Ralph [2021] UKUT 251 (LC)

Mutual enforceability of covenants

Notices - service

Penalty clauses

Residential Leaseholds - The big picture

Residential Leases- Vectis Property Company Ltd v Cambrai Court Management Company Ltd [2022] UTUK 42 (LC) - Katie Grey, Richard Alford, Edward Blakeney and Robyn Cunningham

Restraint of trade

Service charges and insurance (general)

Subletting, sharing possession or occupation

Surrender by operation of law

Tenancy at will

Turnover Leases

Unlawful eviction

Upper Tribunal Explores Reasonableness and Rationality in Residential Lease Service Charges

Fixed Recoverable Costs

The Recovery of Legal Costs

Legal Recruitment and Training

Attracting Key Talent in a Competitive Recruitment Market

Becoming a Conveyancing Technician: An Exciting Step into Conveyancing

Considering your Career? Should I use a Recruitment Consultant?

Continuing your Professional Development in Property Law

Elizabeth Fisher's Journey to Tanfield Chambers

Hints and Tips for Searching and Securing a New Position

Property Law and Progressing your Career

Rampling Clarke – The Professional Recruitment Company

Recruitment and Training

Recruitment Challenges in the Property Law Arena

Recruitment Overview

The Clarke Edwards Partnership, Property Legal Vacancies

Unlocking the Licensed Conveyancer Profession with CLC Exemptions

Legal Technology

CASE STUDY: Mishcon de Reya

Challenges in Integrating Technologies: The Adoption of Tech in Law Firms

Conveyancing technology … what next?

Cost of Living Crisis: What Does It Mean for Property Lawyers?

Crypto Conveyancing

Data Due Diligence When It Matters

Digital by default 

Dye & Durham launches Unity® Practice Management

Elevating Client Satisfaction with State-of-the-Art Lawtech Solutions

Embracing Change: Celebrating National Conveyancing Week

Fenland District Council’s First Year on the Register

From Intake to Invoice: How to Extract Full Value from Your Legal Tech Investments

Home to Innovation: How the UK is Leading the Way in Digital Conveyancing

How Do You Get the Most Out of Legal Technology? Put It All in One Place

How frequently should you refresh ID?

How To Extract Full Value from Your Legal Tech

JMW Mitigates Cyber Fraud Risk with Dye & Durham’s Lawyer Checker

Making Electronic Signatures and Digital Identity Easier To Use

Mitigating the Risk of Cyber Fraud

New Digital Property Market Steering Group Formed to Drive Crucial Digital Transformation in the Land and Property Market

Service: Search for Local Land Charges

The Impact of New Technologies on Lawyers and Law Firms

UK Pulse Report - Dye & Durham

What Does It Mean ‘To Be in Business’ in 2023?

When Does a Despised Template Become a Useful Precedent?

Why Is There Such Resistance to Lawtech?

Why Lawtech Will Save Us

Enfranchisement

Development Value and Enfranchisement

Forfeiture - s168

Terms of the transfer

Unfair contract terms

Aviva Investors’ Ground Rents v Williams

Enfranchisement

Insurance and Repairing Covenants

Manager under 1987 Act

Mobile homes and caravans

Navigating Section 35: First Tier Tribunal's Role in Rectifying Residential Lease Defects

Right of first refusal

Right to manage

Service and administration charges

Variation of lease terms

Property Boundaries and Cartography

Property Boundaries and Cartography

Additional Enquiries

Civil and Tribunal procedure

Electric Charging Points

Execution by companies

Guarantees and indemnities

Licenced Conveyancer Training

Meet the Authors

North Yorkshire Gets Instant Access to Local Land Charges

Register of Overseas Entities

Mobile Homes and Caravans

Company Charges

Company Charges

Debt Respite Scheme

Lees v Kaye and Dixon

Mortgage Enforcement

Mortgage Enforcement 

Mortgage Possession

Assignee of charge

Counterclaim and set-off

CPR 55 Mortgage Possession Hearing

Discrimination defences

Mortgage Possession Claims

Mortgage Possession Proceedings

Possession claims

Mortgages and Insolvency

Standard Breathing Space and Mental Health Crisis Breathing Space Moratoria

Mortgages and Regulatory Compliance

Mortgages and Regulatory Compliance

Regulatory Compliance

Statutory and Regulatory Compliance

Undue Influence

Undue Influence

Undue Influence

Challenging Mortgage Account Claims

Charging Orders and Orders for Sale

County Court Mortgage Possession Proceedings

Death of a Mortgagor

Facility agreement

Interest-Only Mortgage

Limitation and shortfall

Loan Agreements

Miscellaneous Provisions

Mortgage Debt, Bankruptcy, and the Value of Security

Mortgage Litigation

Mortgage Litigation

Mortgage of Lease

Mortgage possession

Mortgage Terms and Conditions

Mortgages - Arthistory Ltd v Campbell [2022] EWHC 848 (Ch)

Mortgages - Mistaken Discharge

Negligence and loans

Possession Proceedings

R (on the application of Mortgage Agency Services Number Five Ltd) v Financial Ombudsman Service Ltd

S 36 of the Administration of Justice Act 1970

Statutory and Regulatory Compliance

Summers v TSB Bank Plc

Tenants of mortgagees

Undue influence

Unregulated Mortgages

New Build Property

Nuisance and Trespass

Damages - account of profits

Defects in neighbouring property

Japanese Knotweed

Occupation by licensee

Community Infrastructure Levy (CIL)

The Community Infrastructure Levy (CIL)

Environment Act 2021

The Environment ACT 2021 – Why bother now?

Rights to Light in Neighbour Disputes

Not in YOUR Backyard! Rights to Light in Neighbour Disputes

Compulsory purchase

Development plans

Planning Authorities and the Avoidance of "Fleeceholding"

Planning Obligations: Some Pitfalls for Residential Conveyancers.

Shutting The Door On Working From Home?

Statutory Declarations and Certificates of Lawfulness

Stranger than fiction

The Environment ACT 2021 – Why bother now?

Possession Claims

Human Rights Act Defences

Cause of action estoppel

Discrimination defences

Homeless persons

Notice and Possession Claims

Protection from Eviction Act

Public Sector Equality Duty

Setting aside orders and warrants

Suspending warrants

Property Litigation

Applications and Strategies

Damages in lieu of injunction

Dell v 89 Holland Park Limited [2022] UKUT 169(LC)

Highways maintainable at public expense: what are they, and how do you identify them? PART 1

Illegality and Mortgage Fraud

Injunctions In Property Litigation

Occupation Rents

Property litigation

Property Litigation & ADR

Property Litigation: Fattal v Fattal [2022] EHWC 950 (Ch)

Tribunal jurisdiction and procedure

Without prejudice

Property Transactions

Scoping the Retainer

Scoping the retainer, a new case but an old problem

A Recent Case Explores the Issue of Constructive Trusts

Estate Rentcharges

Fixtures and Fittings

Gosling and Others v Bradbury and Another [2023] EWHC 199 (Ch)

Land Registration Reform

Misrepresentation and answers to enquiries

Negligence – Duty of Care Owed to Non-Client

Planning obligations

Positive covenants

Pressures Faced by Conveyancers

Reasonable endeavours

Rectification of register

Regulatory Requirements for Overseas Entities

Risk vs No Reward – The Pitfalls of Stamp Duty for Lawyers

Spire Property Development LLP v Withers LLP [2022] EWCA Civ 970

Williams v Williams and Others

Writing - s2 of 1989 Act

Public Access to Land

Town and Village Greens

Relationship to planning

Town and village greens

Book Review: Business Premises: Possession and Lease Renewal

BUILDING SAFETY ACT 2022, 1st edition

Business Premises: Possession & Lease Renewal – 7th Edition

Law Society Publications

The Regeneration of Brownfield Sites

Residential Conveyancing

Alexander Devine Children’s Cancer Trust v Housing Solutions [2020] and Restrictive Covenants

An Exploration of the Law Relating to Adverse Possession and Boundary Issues

Beneficial Interests of Cohabitees – An End to the “Never Ending Story”?

Boundary Disputes and Determined Boundary Applications

Climate Change Guidance

Common Causes of Claims

Could Becoming a Self-Employed Consultant Be the Answer to Your Career Conundrum?

Davies v Bridgend County Borough Council [2024] UKSC 15 (08 May 2024)

HM Land Registry Practice Guides

HM Land Registry Practice Guides

Japanese Knotweed--Insure or Litigate?

Lost or Missing Title Deeds

Misrepresentation Claim in Online Property Sale

Negligent Conveyancing – The 10 Most Common Errors

New Builds and The Developers Pledge

Overriding Ownership through Constructive Trusts

Post-Completion Training for Support Staff

Residential Conveyancing A Year in Review

Rosser v Pacifico Ltd [2023] EWHC 1018 (Ch); [2023] PLSCS 8

Rowlands and another v Bishop and another

Search Delays Could Be Costly for Your Client

Shill Properties Ltd v Bunch

The Jurisdiction of the Party Wall Surveyor

The Limits of Undue Influence & Unconscionable Bargains

Residential Leasehold Tenants Rights of First Refusal

Service Charges: What Can Be Recovered?

Stan Gallagher Successful in an Important RTM Decision

Restrictive Covenants

Annexation - Bath Rugby Ltd

Aviva Investors Ground Rent GP Ltd & Anor v Williams & Anor [2023] UKSC 6

Benefit of covenants

Breaching a Covenant in Real Estate Developments

CAMMIADE, Re: 1 Acacia Grove [2023] UKUT 96 (LC)

Consent to development

Contract Interpretation in Restrictive Covenant Modifications

Enforceability of Restrictive Covenants

Enforcing covenants

Freehold Restrictive Covenants: Tips and Pitfalls for Conveyancers

Hodgson v Cook & Anr [2023] UKUT 41 (LC)

Interpretation - breach

Legal Dispute Over Tomlin Order Implementation

Livett v Hennings [2022] UKUT 325 (LC).

Modification and discharge

Modification of Restrictive Covenants

Modification or Discharge of a Restrictive Covenant

Naidu & Anor v Morton & Ors [2023] UKUT 185 (LC) (01 August 2023)

Restrictive Covenants

Restrictive Covenants

Restrictive Covenants

Restrictive Covenants

Restrictive Covenants

Restrictive Covenants - Agricultural Covenants

Restrictive Covenants – principles of construction

Restrictive Covenants and General Release Provisions in Conveyances

Restrictive Covenants and Their Impact on Development

Section 84 of the Law of Property Act 1925

Sutton v Baines & Anor [2022] UKUT 342 (LC)

The Importance of Identifying Interested Parties in Property Claims

Variation under s610 of 1985 Act

Banks and another v Blount [2022] EWHC 1491 (QB)

Is Your Right of Way Sufficient?

Shared Ownership

2021 Shared Ownership Model Lease

Transactional Issues

Standard Breathing Space and Mental Health Crisis Breathing Space Moratoria

Batish & Ors v Inspired Sutton Limited & Ors

Building Safety Act Q&A

Dissolution, Escheat & Vesting Orders

Attracting Key Talent in a Competitive Recruitment Market

Issues on Your PII Underwriter’s Radar for 2024

Break Clauses

These page contains material dealing with break clauses. See the contents on the left. Points covered include

Acknowledgement of notice required.
Defects in notices.
Effect of dilapidations settlement on break clause.
Material compliance
Minor breach makes clause inoperable (Avocet)
Tenant’s right to break passing on assignment
Yielding up – vacant possession – has tenant done enough?

Notices

This page deals with various matters relating to the effectiveness of break clause notices. Acknowledgement of notice required Orchard (Developments) Holdings Plc v Reuters Ltd [2009] EWCA Civ 6 Where a lease provided that a break notice would only be valid where the...

Material compliance and breaches

What happens if the tenant is in breach? Is there a minor breach? Has the tenant materially complied with the terms of the lease? Is the tenant required to pay the full-quarter's rent if the break is due to take place in the middle of the quarter? Do any of these...

Repayment of rent

Break clause operation Reimbursement of rent payable in advance on exercise of break right - no implied term Marks and Spencer plc v BNP Paribas [2015] UKSC 72 Summary A term would not be implied in a lease permitting the tenant to recover rent paid for the period...

Vacant possession

Security guards John Laing Construction Ltd v Amber Pass Ltd [2004] 17 EG 128 (Deputy High Court Judge). T operated a break clause in the lease and went out of occupation. However, T retained security guards and protective barriers at the premises for security...

English