Waiving and drowning handling break notices with care
Gilbert, Dellah
Waiving and drowning handling break notices with care - 2011 - Hogan Lovells Real Estate Quarterly Summer 2011, 7-9(3) .
Examines recent case law highlighting the difficulties encountered by tenants in serving valid break notices, specifically "MW Trustees Limited, Robert Posel and Pamela Posel v Telular Corporation"[2011] EWHC104 (see L152967). Sets out the legal framework, both statute and case law , relating to the service tenants' contractual break notice. Provides an analysis of the facts of 'Telular' and the judgment which may have turned the tables in favour of tenants. Tenants should take legal advice to ensure the valid operation of a break clause because the consequences of getting it wrong can be disastrous. Landlords also when receiving potentially defective should get legal help.
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
LEMMERBELL LTD AND ANOTHER V BRITANNIA LAS DIRECT LTD
PRUDENTIAL V EXEL UK
ORCHARD (DEVELOPMENTS) HOLDINGS PLC V REUTERS LTD
HOTGROUP V ROYAL BANK OF SCOTLAND
MW TRUSTEES LTD AND ORS V TELULAR CORPORATION
LAW OF PROPERTY ACT 1925
England and Wales--1543-
Waiving and drowning handling break notices with care - 2011 - Hogan Lovells Real Estate Quarterly Summer 2011, 7-9(3) .
Examines recent case law highlighting the difficulties encountered by tenants in serving valid break notices, specifically "MW Trustees Limited, Robert Posel and Pamela Posel v Telular Corporation"[2011] EWHC104 (see L152967). Sets out the legal framework, both statute and case law , relating to the service tenants' contractual break notice. Provides an analysis of the facts of 'Telular' and the judgment which may have turned the tables in favour of tenants. Tenants should take legal advice to ensure the valid operation of a break clause because the consequences of getting it wrong can be disastrous. Landlords also when receiving potentially defective should get legal help.
MANNAI INVESTMENT CO LTD V EAGLE STAR LIFE ASSURANCE CO LTD UK
LEMMERBELL LTD AND ANOTHER V BRITANNIA LAS DIRECT LTD
PRUDENTIAL V EXEL UK
ORCHARD (DEVELOPMENTS) HOLDINGS PLC V REUTERS LTD
HOTGROUP V ROYAL BANK OF SCOTLAND
MW TRUSTEES LTD AND ORS V TELULAR CORPORATION
LAW OF PROPERTY ACT 1925
England and Wales--1543-