Landlord and Tenant

Landlords should be aware of a recent High Court decision that considered a right to park. The court granted eight tenants in a block of flats an injunction against their landlord, where their leases: 

• Granted each tenant a right to use a designated car parking space.
• Reserved in the landlord's favour a right to redevelop neighbouring property as it saw fit despite such redevelopment affecting or diminishing light or air enjoyed by the tenants but did not expressly reserve the right for the landlord to vary the position of the car parking spaces.

What is a break clause?

•  A break clause can be included in a fixed-term lease allowing either you or your landlord to terminate the lease early.
• Exercising a break clause brings the lease to an end.
• Depending on how your lease has been drafted, the right to break the lease may:
• arise on one or more specified dates; or
• be exercisable at any time during the term of the lease on a rolling basis.
• A break clause may only be exercised if any conditions attached to it have been satisfied (for example, providing vacant possession). A break clause will be strictly construed by the courts and any conditions must be strictly performed.