Fancy a break? Communications are key

A balancing exercise It is generally considered that the governing principle is that stated in O'May and others (Practising as Ince & Co) v City of London Real Property Co Ltd [1982] 1 EGLR 76. [...]the starting point is the existing lease. In First Secretary of State v Greatestates Ltd, an...

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Bibliographic Details
Published in:The Estates Gazette 2017-06, p.59
Main Authors: Fieldsend, James, Mills, Joanne
Format: Magazinearticle
Language:English
Subjects:
Commercial real estate
Flexibility
Landlord tenant relations
Real estate
Redevelopment
State court decisions
Online Access:Get full text
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Summary:A balancing exercise It is generally considered that the governing principle is that stated in O'May and others (Practising as Ince & Co) v City of London Real Property Co Ltd [1982] 1 EGLR 76. [...]the starting point is the existing lease. In First Secretary of State v Greatestates Ltd, an unreported county court case from 2005, the judge accepted the application of this test to a claim for the incorporation of a tenant break clause (although on the facts of the case the court found the test was not satisfied). [...]tenants are best advised to prepare their case (if possible) with reference to the stricter probability test so that it can be satisfied, evidentially, if the court decides to apply it. KEY STEPS TO TAKE * Ensure the evidence corresponds with the tenant's request * At the outset, where there is a dispute as to the insertion of a...
ISSN:0014-1240
2059-5123