Cusack v London Borough of Harrow [2011] EWCA Civ 1514; [2013] UKSC 40

Break Clauses: Precision is key

Will the latest Court of Appeal decision leave tenants at breaking point? Helen Pickard considers the recent case of Friends Life ‘In Friends Life, Lewison LJ determined that while the meaning of the notice was clear and correct in all regards, the form of notice was non-compliant. There had to be strict compliance and, on …

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Break Clauses: Tenants take note

Although the recent decision in Siemens Hearing appears to provide comfort to tenants whose break notices do not comply with the lease terms, Vanessa Babington argues that caution is still required ‘With an economic climate making many landlords eager to frustrate a tenant’s break, if anything, the judgment should act as a reminder of the …

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Case Round Up

Paul Tonkin and Eleanor Marsh summarise recent case law Tenant liable under repair covenant for cost of repair of roof lights under dilapidations claim Twinmar Holdings Ltd v Klarius UK Ltd [2013] Klarius was Twinmar’s tenant of a warehouse and office space built in 1993. Klarius covenanted to keep the whole of the premises ‘in …

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Case Round Up

Paul Tonkin provides an overview of recent case law Break notice invalid where interest on late rent outstanding Avocet Industrial Estates LLP v Merol Ltd [2011] Merol was Avocet’s tenant of commercial premises under a lease that included a break option. The break option provided that the break notice would be of no effect if …

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