Weekly review: 22nd – 26th April 2013

Break clause

The draftsman of a notice exercising the right to determine a lease pursuant to a beak clause may expressly provide that the day of service is to be included in the calculation of the period of notice given (Trafford MBC v Total Fitness (UK) Ltd)

Break clauses: periodic tenancies

Notices served pursuant to a break clause and notices to quit belong to the same class of document. Normal principles of contractual interpretation are to be applied to their construction. The question is how a reasonable recipient would have understood the notice (Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd and Carradine Properties Ltd v Aslam)

Periodic tenancies: notice to quit

An agent of the tenant living at the demised premises has implied authority to accept service of a notice to quit (Tanham v Nicholson)

Periodic tenancies

A notice to quit (in the absence of agreement to the contrary) must expire at the end of a period and the tenancy will then end at midnight on that day (Crate v Miller)

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