Podcast Location:
Download it here [file size: 29 MB]
Categories:
Real Estate & Property Law
Property Litigation
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at property law practitioners interested in the law relating to compliance by a tenant with break clause conditions and the part estoppel can play in these cases. In this podcast property law specialist Tom Weekes discusses the difficulties tenants can face when they fail to comply strictly with break clause conditions and highlights some of the pertinent recent authorities on this issue.

Outcomes:
After completing the course you will:
  • Be familiar with the law relating to compliance by a tenant with a break clause condition;
  • Understand how landlords can attempt to dispute that tenants have succeeded in exercising rights to determine leases under break clauses;
  • Know what arguments are available to tenants when faced with a landlord’s argument that a break clause condition has not been complied with;
  • Be aware of some of the recent cases in which tenants have argued that landlords have become estopped from disputing that tenants have complied with break clause conditions and understand what the recent decisions mean for landlords and tenants;
  • Have considered whether the law relating to break clause conditions operates in a satisfactory way and how the law might be changed.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Property Notices: Validity and Service (August 2011, Jordans);
  • Avocet Industrial Estates LLP v Merol Ltd [2011] EWHC 3422 (Ch);
  • Finch v Underwood [1876] 2 ChD 310;
  • ING Bank NV v Ros Roca SA [2001] EWCA Civ 353;
  • MW Trustees Ltd and others v Telular Corporation [2011] EWHC 104;
  • Tradax Export SA v Dorada Compania Naviera SA of Panama (The Lutetian) (1982) 2 Lloyd's Rep 140 QBD (Comm).

In this podcast Tom Weekes a barrister from Landmark chambers discusses break clause conditions and the law of estoppel.

Date recorded: 2 May 2012

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