Commercial leases are often fairly long term, with commitments of several years. When a lease is negotiated, tenants will usually ensure a break clause is included, providing them with the flexibility of ending the lease within a shorter timescale, but within limits agreed with the landlord. These will often be at particular times in the lease, such as every three or five years.
Similarly, landlords may also choose to include a break clause for their own protection or future plans, such as if they want to redevelop the site.
The courts require that, for a break notice to be valid, it must be served strictly in accordance with the lease. Should there be any inaccuracies, or a lack of sufficient notice, it will not be considered valid.
In addition, dependent on the terms of the lease, there could be a number of conditions that need to be met. These could include full payment of rents and compliance with any repairing conditions.
If you are planning to serve notice, or are a landlord who has been served notice, it is prudent to get professional legal advice as soon as possible. This can be a complex area of the law and every commercial lease will be different.
Call the property litigation team on 01752 203500 or email enquiries@GAsolicitors.com.
