Break Clauses: Breaking up is hard to do – part 3

Foot Anstey LLP | Property Law Journal | July/August 2014 #323
Dan Cuthbert outlines where the recent decisions in Game and M&S leave apportionment of rent ‘Both the M&S and the Game appeal are good news for landlords. Tenants will find it increasingly difficult to argue that they should recover rent for any period after the exercise of a break date.’ Over the last two years, …

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Apportionment Of Rent: Breaking up is hard to do – part 2

Foot Anstey LLP | Property Law Journal | September 2013 #314
Dan Cuthbert assesses the problem with Ellis v Rowbotham in the light of a recent decision ‘Morgan J concluded that a reasonable person reading the lease would expect that in a case where the break clause was operated to take effect on 24 January 2012 that the rent would be payable for the term to …

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