Isolas Secures Key Judgment On Landlord And Tenant Act 1983 Break Clause

ISOLAS’ Property Litigation team, led by Partner Mark Isola KC and assisted by Partner Nicholas Isola and Trainee Solomon Kench, represented its landlord client in relation to an application by the tenant to the Supreme Court of Gibraltar for a renewal of its tenancy for the minimum prescribed term of five years under Part IV of the Landlord and Tenant Act 1983 (LTA 1983), and which was not opposed by the landlord. The landlord was seeking to insert a new term in the new tenancy, to allow it to break the new lease within that minimum prescribed period of five years and which the tenant opposed.  The Supreme Court of Gibraltar determined that a break clause within the minimum prescribed term of five years should be included in the new lease.