EXERCISING TENANT’S BREAK RIGHTS: LESSONS FOR LANDLORDS AND TENANTS

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Many tenants are understandably concerned to reduce their rental outgoings in today’s economic climate. Knowing whether and how a break clause can be operated is imperative whether you advise tenants seeking to break, or landlords looking to keep the rental stream intact.  This practical session will draw together lessons from recent, and established, case law:

• Can your client use the break clause? Original tenants, tenants at law and other problem areas
• Rental and other lease payments: must they be made, how much and when?
• What should the break notice say, how should it be served, and what happens if it goes wrong?
• Vacant possession and fixtures: Has Capitol v Global (2020) changed the rules?

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer