An Overriding Omnishambles: Recent Break Clause Developments

Two recent cases provide salutary lessons in how to serve break notices and also in how to draft them. The firmament of break clause cases has been so enriched in recent years with cases such as M&S and Ibrend that fanatics of break clause litigation will have had their thirst slaked. However, this is a rich seam and two recently unearthed gems merit consideration.

Vanquish Properties (UK) Limited Partnership v. Brook Street (UK) Limited [2016] EWHC 1508 (Ch)

Background

The City of London (City) granted Brook Street a 10-year lease in 2011. The lease contained a landlord's break option allowing termination on not less than six months' notice. In March 2016, City granted Vanquish Properties (UK) Limited Partnership acting by its general partner, Vanquish Properties GP Limited, an overriding lease of the property, so that Vanquish became Brook Street's immediate landlord.