Beyond the breaking point
Language: English Series: Estates Gazette ; (0517) 30 April 2005, 121(1)Publication details: 2005Subject(s): Summary: Discusses the issues of tenants' break notices disputed by landlords. Landlords are more likely to dispute the operation of a tenant's break clause if the premises are difficult to relet. However, when interpreting a break notice, the courts will not tolerate any unrealistic arguments as shown in the cases, "Peer Freeholds Ltd v Clean Wash International Ltd" ([2005] EWHC 179 (Ch)) and "John Laing Construction Ltd v Amber Pass Ltd" ([2004] EGLR 128). There are no set procedures for yielding up: the facts must show that the tenant asserts no right over the premises and that nothing hinder re-entry by the landlord.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L129715 (Browse shelf(Opens below)) | 1 | Available | 129715-1001 |
Discusses the issues of tenants' break notices disputed by landlords. Landlords are more likely to dispute the operation of a tenant's break clause if the premises are difficult to relet. However, when interpreting a break notice, the courts will not tolerate any unrealistic arguments as shown in the cases, "Peer Freeholds Ltd v Clean Wash International Ltd" ([2005] EWHC 179 (Ch)) and "John Laing Construction Ltd v Amber Pass Ltd" ([2004] EGLR 128). There are no set procedures for yielding up: the facts must show that the tenant asserts no right over the premises and that nothing hinder re-entry by the landlord.