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Tenant’s Break Clauses One CPD hour in one-hour segment

Peta Dollar

Peta is the editor of the property transactions section of the site. She is also the author of the article on overage and co-author of the articles on surrender and re-grant and, “Developers beware! The pitfalls of tenants' rights of first refusal and collective enfranchisement.”

Peta is a non-practising solicitor with more than 25 years' experience of all areas of commercial property law. In 2005, after 17 years as a Real Estate Partner at Denton Wilde Sapte, she made a lifestyle change, and now writes and lectures full time on a wide variety of property-related topics. She also provides in-house training for major law firms both in and outside London.

She regularly publishes items in Landlord and Tenant Review, Estates Gazette, Property Law Journal and Solicitors' Journal. She has filmed a number of surveyors' training videos with Einstein. Peta is a member of the Editorial Board of Landlord and Tenant Review, on the Consultation Board of Practical Law Company (Property) and the co-author of a book, “Tenants' Pre-emption Rights: A landlord's guide to the Landlord and Tenant Act 1987”, published by Jordans.

Sarah Thompson-Copsey

Sarah is the editor of the Landlord and Tenant (General) section of the site. She is also the co-author, with Peta Dollar and Anthony Radevsky, of the article, "Developers beware! The pitfalls of tenants' rights of first refusal and collective enfranchisement".

Sarah is a former partner and head of the London property litigation practice of the firm then known as Denton Hall with over 15 years experience in commercial property disputes. Her legal experience includes advising many blue chip retail clients, developers and institutions. Sarah recently returned to the UK following five years working in Hong Kong and Tokyo, and obtained her LLM at King's College, London. She now works as a freelance legal speaker and writer, and has lectured for the College of Law, CLT, the ISVA, Imperial College, Legal Easel and Professional Conferences as well as appearing on Legal Network TV.

Sarah is a co-author of “Tenants' Pre-emption Rights: A Landlord's Guide to the Landlord and Tenant Act 1987”, and has written extensively for a number of legal and property journals.

Whether a tenant intends to exercise the break option to bring the lease to an end or simply to persuade the landlord to renegotiate the lease terms, it is vitally important to ensure that the form, content & service of the notice comply with the lease. This session looks in particular at problems that can occur, and the extent to which any defects can be ignored.

Topics Include:

• Can any tenant exercise the break?
• Ensuring compliance with conditions
• Rent and vacant possession problem areas to avoid
• ‘Material compliance’
• The ‘objective’ test and the problem of disrepair
• Problems with form & content
• Getting the date wrong
• Peer Freehold v Cleanwash
• Getting the names wrong
• Prudential v Exel
• Making sure the notice is served in time
• The ‘correspondent’ v ‘clear’ date rule
• Getting service right
• Claire’s Accessories
• Orchard v Reuters
• The effect of the break clause on other lease clauses

Course available soon!