It’s Not All About Pink Paper & Blue Paper – Break Clauses In Commercial Leases: Some Legal & Practical Points

In this session Gary Pryce delivers the finale to our webinar series from our Property practice.

This webinar considers the operation of break clauses in commercial landlord and tenant relationships, including:

• The characteristics and construction of break clauses
• The requirement for compliance with pre-conditions for the exercise of a break clause, which is:
  • Strict compliance
  • Substantial/Material compliance; or
  • Reasonable compliance
• The meaning and effect of common pre-conditions i.e.:
  • A service of notices in a particular form/method/content
  • Payment of all sums due under the lease
  • Performing all covenants; and
  • Giving vacant possession/yielding up
• Common practical issues following purported exercise of a break clause. including;
  • Retention of keys; and
  • Mitigating loss during a dispute as to a purported termination