The Supreme Court – FS Cairo (Nile Plaza) LLC v Lady Christine Brownlie
The importance of obtaining legal advice when exercising a break right in a lease cannot be overstated. Despite the flurry of case law in this area in recent years, tenants are still getting their fingers burnt and finding themselves tied into leases, with all the associated commitments, having failed to comply strictly with the requirements of the lease. It can prove to be a very costly mistake to make for the sake of perhaps trying to save what were considered to be unnecessary legal fees.
When issuing proceedings to recover possession of property from a trespasser, a property owner will also often want to include a claim for mesne profits, these being the damages for use and occupation of the property. However, there may be circumstances where such a claim is not pursued at the same time and, instead, the priority is simply to obtain an order for possession as quickly as possible.
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