A break clause is a provision in a lease which enables either landlord or tenant (or both) to end the lease early. If you're a party seeking to exercise a break clause, here are some top tips to consider before exercising the break clause:
It is important to get the drafting and service of a break notice correct because, if you don't, you may lose the opportunity to break the lease and, if you are a tenant, you may be liable to pay rent for the remainder of the term.
It is also vital that you comply with any conditions that are attached to the exercise of the break clause. The courts interpret conditions very strictly and a failure to satisfy a condition may prevent you from exercising a break option.
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