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Break Clauses & Options to end the Lease
Your Lease may contain a Break Clause which allows the Landlord or Tenant (or both) to terminate the lease early, providing specified conditions and set procedures followed. This may be on one or more set dates, or on a more flexible basis, and will ordinarily be activated with a set notice served in a specific way.
Usual conditions are for the rent to be up to date (including any interest of other penalty having been paid); vacant possession and repairing obligations to have been complied with, although the exact terms will be negotiated in each case.
Care should be taken to fully understand how and when any break clause can be exercised as the courts have been very keen to find that any failure to strictly comply with the formal stated requirements invalidates the notice. Both at the outset of a Lease and as soon as early termination is contemplated our specialist team should be consulted in order to minimise the risk of a break notice failing to take effect.
- Property issues
- Boundaries and Party Wall Act disputes
- Claiming a share in Property or Land
- Claiming Ownership and Adverse Possession
- Enforcing a promise relating to Property and Land
- Enforcing or denying rights to or over Property and Land
- Land Ownership and Rectification of Title
- Nuisance & Property Damage
- Occupiers, Squatters and Trespassers
- Remedies including Forfeiture, Surrender & Re-Possession
- Rent Recovery
- Rights to extend Long Leases or purchase Freehold
- Landlord and tenant disputes
Our Team
Hannah Fairweather
LLP Member and Head of Department- Department: Dispute Resolution / Employment
- Office: Chesterfield
- Email: Hannah.Fairweather@elliotmather.co.uk
- Phone: 01246 231288
Adam Hollis
LLP Member and Head Of Department- Department: Dispute Resolution
- Office: Derby / Nottingham
- Email: Adam.Hollis@elliotmather.co.uk
- Phone: 01332 372311 / 0115 7043388
Peter Kidd
Senior Associate Solicitor- Department: Dispute Resolution
- Office: Mansfield
- Email: Peter.Kidd@elliotmather.co.uk
- Phone: 01623 655666
Paul Rayworth
Commercial Legal Executive- Department: Commercial Team
- Office: Derby
- Email: Paul.Rayworth@elliotmather.co.uk
- Phone: 01332 372311
Ellie Rigsby
Paralegal- Department: Dispute Resolution
- Office: Derby
- Email: Ellie.Rigsby@elliotmather.co.uk
- Phone: 01332 372311
Bartosz Ociepka
Trainee Solicitor- Department: Dispute Resolution
- Office: Mansfield
- Email: Bartosz.Ociepka@elliotmather.co.uk
- Phone: 01623 655666
Evie McCormick
Paralegal- Department: Dispute Resolution / Employment
- Office: Chesterfield
- Email: Evie.McCormick@elliotmather.co.uk
- Phone: 01246 231288
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