Exercising break clauses

Break clauses are usually provided for in a lease. Most leases do not provide for a free standing break but rather they allow for the lease to be terminated before a specific time period providing certain conditions are met.

For example, where a tenant wants to exercise a break option, the tenant would usually be required to ensure that all rental payments are up to date, no covenants have been breached, and that the tenant vacates the premises before the lease is terminated.

Where the lease requires a specific form of notice to exercise the break, this must be followed correctly to avoid the notice being deemed invalid. The rules on the form of notice are so strict that a failure to comply with all of the requirements of a notice could render it invalid.

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