Beyond the breaking point
Murdoch, Sandi
Beyond the breaking point - 2005 - Estates Gazette (0517) 30 April 2005, 121(1) .
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.
PEER FREEHOLDS LTD V CLEAN WASH INTERNATIONAL LTD
JOHN LAING CONSTRUCTION LTD V AMBER PASS LTD
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
Beyond the breaking point - 2005 - Estates Gazette (0517) 30 April 2005, 121(1) .
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.
PEER FREEHOLDS LTD V CLEAN WASH INTERNATIONAL LTD
JOHN LAING CONSTRUCTION LTD V AMBER PASS LTD
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK