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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.
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