Hotgroup plc v Royal Bank of Scotland plc [2010] EWHC 1241 (Ch)

Tenant: Give me a break!

Alan Morris reviews the courts’ rigorous approach to the interpretation of break clause conditions and calls for a more pragmatic approach going forward ‘It is common for a break clause to be conditional upon performance by the tenant of its covenants under the lease. Consequently, any subsisting breach of covenant on the part of the …

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Landlord And Tenant Update: Waiving and drowning

Dellah Gilbert examines the practical implications of a recent judgment on break notices ‘Check the terms of the break clause carefully. Comply with any specified requirements precisely, for example addressing the notice to the landlord and sending a copy to an agent.’ There has been a flurry of cases over the last year or so …

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