Break clauses in leases
Unless the terms on offer from a landlord are so favourable, prospective tenants will not commit to a long – term lease. Increasingly, prospective occupiers wish to retain flexibility with regard to their occupancy of premises and break clauses provide this flexibility. Business needs change over time and so do premises requirements.
Depending on the overall lease term, break clauses may operate after three, five or ten years. They usually require the tenant to provide a minim period of notice to exercise the break and if this is done it usually triggers a process of negotiation with the landlord who will usually be keen for the tenant to remain in occupancy for a further period.
Careful consideration must therefore be given to the question as to whether to break or not as the outcome for the party giving notice may not be the desired one.
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