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Break clause update
Landlord and tenant matters are possibly one of the most litigious areas of contract law in the UK, with break clause operations being particularly fought over, and there have been numerous cases involving break clauses over the past few years. Given the continued political and economic uncertainty surrounding the UK’s decision to leave the European Union, break clauses are once again at the top of many landlords’ and tenants’ agendas. This paper reviews some of the key case law that has arisen since the original paper published in 2012, and in particular within the last year. It discusses cases concerning what constitutes vacant possession, as opposed to abandonment, and how seemingly minor infractions can result in failure of the break operation. Among other items, the paper looks at how partitioning left within one office, which the tenant claimed was an alteration, was in fact held to be tenant’s chattels.
The full article is available to institutions that have subscribed to the journal
Ian Laurie is a chartered building surveyor with over 20 years’ industry experience, and who works for Watts Group Limited. As a director, based in the Manchester office, he specialises in landlord and tenant matters, including dilapidations, and break clause operations. His role has seen him successfully provide expert evidence in numerous court cases, covering both landlord and tenant matters as well as wider defects problems. He regularly undertakes CPD talks on dilapidations and defects analysis matters, both on behalf of Watts and for the RICS, and has previously contributed to the production of The Watts Pocket Handbook.