The Payne of breaking up
Article Abstract:
The case of Pennell v Payne will serve to force parties to tenancies involving underleases to be even more cautious regarding break clauses. The Court of Appeal ruled that a tenant's exercise of the right to determine a lease under a break clause is exactly equivalent to the determination of a periodic tenancy by notice to quit. Practitioners must now assume that service of an upwards notice to quit on the superior landord of a periodic tenancy and service of an upwards break notice on the superior landlord of a fixed-term tenancy will have the effect of determining derivative interests.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1998
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Avoid a date with disaster
Article Abstract:
Landlords and tenants of commercial property in the UK should be aware that the year 2000 computer date change raises a number of potentially very serious issues. Tenants must consider whether the rent suspension provisions in their leases will apply if their premises have to be shut down while work is undertaken to resolve the year 2000 computer date change problem. Landlords must review their leases to establish whether their reinstatement responsibilities will make it necessary for them to pay for the repair of damage resulting from any date change problem.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1998
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