Webinars by Practice Area
Difficult break clauses and how to get them to work
Recorded on: 26/04/2023
With occupiers continuing to look for short terms and a high degree of flexibility, break options are an increasingly common feature of leases. All too often, though, when it comes to exercising the option, technical and practical difficulties emerge, frequently because onerous conditions are attached to the option, but also because of the required formalities of service and drafting of notices. Tenants’ advisors need to know what terms they should be negotiating for (and resisting) and the drafting tips which can avoid pitfalls. Both landlord and tenant need to understand the issues which can arise when the break option is exercised. This webinar addresses both aspects, by reference to the latest case law.
- What does the Lease Code recommend as to conditional break options?
- Calculation of the deadline for serving notice, and the break date
- Break takes effect between rent days – is the rent apportioned?
- Can a landlord be estopped from disputing the validity of a break notice?
- Relevance of trivial non-compliance with conditions
- Strategies for reducing risk