Break Clauses - Mark Warwick Qc

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Auteur(s) : Mark Warwick Qc - Nicholas Trompeter Qc

Editeur : Bloomsbury Academic

Langue : Anglais

Parution : 01/02/2022

Format : Moyen, de 350g à 1kg

Nombre de pages : 392

Expédition : 816

Dimensions : 25.1 x 17.6 x 2.2

ISBN : 1509942033

Résumé :

This is the only book to deal exclusively with the important topic of break clauses, which affect a significant proportion of all landlord and tenant relationships.

The book provides a comprehensive and authoritative survey of the law relating to the drafting and operation of break clauses. It covers over 500 cases relevant to the topic. The book also considers the areas of the law that interrelate with break clauses, including contractual construction, assignment, estoppel, mistake and professional negligence.

Previous editions of Break Clauses have been referred to as scholarly and practical (Sir Kim Lewison) and excellent and much needed (Lord Neuberger).

This new edition includes the most recent and relevant judgments that have had an important impact on the law affecting break clauses. There are two new chapters: one on the interrelationship between break clauses and compulsory purchase (of particular relevance in light of large-scale projects such as HS2 and Crossrail) and one on the interrelationship between break clauses and rent review.

The third edition covers new legal developments, including the new Electronic Communications Code and its impact on break clauses.

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Biographie:

1. The Nature of a Break Clause
A Definition
A Break Notice is not a Notice to Quit
The Right to Terminate is Unilateral
Forfeiture and Acceptance of Repudiatory Breach Distinguished
A Break Clause is a Type of Option
The Applicability of Braganza Restrictions on the Exercise of a Break Clause
Break Clauses can Appear in All Types of Tenancies and in Many Different Forms

2. Formalities and Registration
Formalities
Registration

3. Assignment
The Historical Position
Tenancies Granted before 1 January 1996
Tenancies Granted on or after 1 January 1996
Formalities for Assignment
Restrictions on Assignability
Severance of the Reversion
Assignment of Part of the Demise
The Position of Equitable Assignees
The Position where the Break Clause is not Contained in a Lease

4. Who May Exercise the Break Clause
Introduction
Where the Lease is Silent or Unclear
Joint Lessees
Joint Lessors
The Survivor(s) of Joint Lessors/Lessees
Where the Landlord is also One of the Tenants
Concurrent Lessees
The Position with Leases Taking Effect in Equity
Equitable Assignees of the Term or Reversion
Upon Reassignment of a Lease Containing a Personal Break Clause
Former or Non-landlords/Tenants
Agents
Partnerships
Insolvency
Receivers and Managers
Personal Representatives

5. The Form and Content of the Break Notice
Introduction
Compliance with Indispensable Conditions
Mistakes in the Break Notice: The General Approach
The Objective Approach to the Construction of Notices
The 'Relevant Objective Contextual Scene'
Mistakes as to the Break Date
Mistakes as to the Identity of the Serving Party
Mistakes as to the Identity of the Intended Recipient
Mistakes as to the Identity of the Demised Premises
Break Notices Marked 'Without Prejudice'
Break Notices Marked 'Subject to Contract'

6. The Time for Exercise of the Break Clause and Service of the Break Notice
Introduction
References to the 'Commencement of the Term'
The Time for Exercise of the Break Clause
The Specified Period of Notice
The 'Corresponding Date' Rule
Other Fractions of Time
The Effect of Late Service
Acceptance of Short Service of a Break Notice

7. The Method of Service of a Break Notice
Introduction
Compliance with the Prescribed Contractual Method for Service
Particular Contractual Methods for Service
'Indirect' Service
Section 196 of the Law of Property Act 1925
Section 7 of the Interpretation Act 1978
Service at Common Law

8. On Whom the Break Notice Should be Served
Introduction
Joint Lessees/Lessors
Multiple Parties
Concurrent Lessees
The Position with Leases Taking Effect in Equity
Equitable Assignees of the Term or Reversion
Former Landlords/Tenants
Agents
Partnerships
Insolvency
Receivers and Managers
Where the Intended Recipient has Deceased
Personal Representatives

9. Conditions in a Break Clause: General Principles
Introduction
Identification of the Conditions
The Principle of Strict Compliance
De Minimis Failures to Comply with Conditions
The Time for Compliance
Spent Breaches
Words of Qualification
Settlements/Side Agreements
Service of a Break Notice without Fulfilling Conditions

10. Particular Conditions in a Tenant's Break Clause
Introduction
Vacant Possession
Payment of Rent and Other Sums
Repairing...

Sommaire:
Mark Warwick KC is a barrister based at Selborne Chambers, UK....