Conditional break rights: Rent traps for tenants
Deborah Caldwell of Manches has reported a case where the landlord tried to defeat its tenant’s break right on the grounds of non-payment of insurance rent and material breaches of the tenant’s repairing covenant. However, the court found that the wording in the lease supported the tenant’s argument. The landlord could only demand the insurance rent once it had itself incurred the cost.
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