Landlord and tenant case update: break options
Landlord and tenants often include break clauses in a lease which allow either or both parties to terminate the lease midway through the lease. Usually the break clause is for the benefit of the tenant who is nervous about committing to rent liabilities for a long period in one location.
One issue which recently came before the High Court was what happens when the right is granted to a named tenant who has sold the lease before the break date. Can the new tenant terminate the lease or is it only the named tenant? This was the situation in Gemini Press Limited v Cheryl Lindsay Parsons  .
The High Court decided that the break right was "personal" and could only be exercised by the named tenant.
Important points to note arising from the judgment: