Another bonus newsflash episode delving deeper into recent case law. This time, Richard discusses when a tenant can successfully exercise a break clause in reference to the recent Court of Appeal ruling on Capitol Park Leeds Plc v Global Radio Services. The implications of the case are that to give up ‘vacant possession’ does not relate to the physical condition of the property – meaning that whilst Global Radio left the premises a ‘vacant shell’, impeding Capitol’s use, they could still exercise the break clause. The landlord’s rights thus extend to being able to sue in damages, however, this does not impede the tenant’s ability to exercise the break clause.
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