Break Clauses

This new work gives clear, practical guidance on the law and procedure relating to break clauses in commercial leases.

It offers step-by-step advice for practitioners advising on the drafting, exercise, validity and interpretation of break clauses in tenancy agreements, a complex and often contentious area of landlord and tenant law.

• Clear advice is given throughout on how to deal with the situations that can arise in daily practice.
• Deals with all aspects of break clauses in commercial leases – and contains guidance on break clauses in residential tenancies
• Covers the law from both landlords' and the tenants' perspectives, enabling practitioners to advise either party
• Advises on drafting break clauses and break notices, and on the pitfalls of certain approaches
• Includes a set of precedent clauses and notices
• Gives guidance on interpreting break clauses and break notices
• Explains how break clauses relate to other clauses in the lease, such as rent review clauses and repair covenants
• Discusses the effect of exercising a break notice on the obligations of landlord and tenant
• Goes through the formalities and the possible registration requirements of break clauses
• Considers the procedure for serving a break notice and the consequences of failing to comply with that procedure
• Explains the interrelationship between break clauses and the security of tenure procedures under the Landlord and Tenant Act 1954