A Practical Guide to Successfully Breaking a Lease

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The market is changing at a fast pace. Tenants are consolidating their portfolios and landlords are seeking to maximise their revenue. With that notices must be served, but despite this being the position for many years, there are still a number of challenges. This talk will explore what break conditions really means and how to comply. It will also explore what tools a landlord needs to successfully run an opposed lease renewal and, on the flip side of that, the tactics a tenant can deploy to challenge an opposed lease renewal.

• Break notices – what triggers the break?
• Break conditions (including obligations to give up possession and vacant possession) – what do they really mean?
• Challenging the validity of a break
• Opposed lease renewals – what does a landlord need to evidence and when should that evidence be available and disclosed?
• Tenants’ challenge to an opposed lease renewal – can the tenant defeat the claim by reducing their holding?

Gemma Hunter-Barnes, Counsel, Dentons UK and Middle East LLP