Legal advice for landlords and tenants in relation to break clauses

In the current economic climate, whether you are a landlord or a tenant, you may be wondering whether the lease that you are a party to can be ended before the end of the lease.

A lease can be ended if it contains a break clause (also referred to as a break notice). The law in this area is stringent. If the terms of the clause, regarding time limits, preconditions and stipulations upon who any notices must be served, are not strictly observed then the break can be ineffective. Getting it wrong could cost a lot of money, so it is vital to obtain specialist legal advice.

How our property dispute solicitors can assist with break clauses

At Nelsons, we have an expert team of property dispute solicitors in Derby, Leicester and Nottingham who can provide advice to tenants on how to exercise a break clause correctly.

Equally, our solicitors can also advise landlords in finding defects in the way that break clauses have been served. Either way, our advice is often crucial.

If you are a tenant, here are a few things to think about in relation to break clauses:

  1. Once the break clause is served, that’s it. You can’t withdraw it. Remember that if you have any repairing obligations, then the notice will trigger this liability.
  2. Always strictly observe the notice period in the break clause. This means making sure that you have complied with any preconditions. Commonly preconditions are payment of rent, but they could be much wider (tip – it’s worth paying close attention to this clause when you sign the lease).
  3. Always make sure that the notice is sent in writing.
  4. Always check who the notice should be served upon and the method of service (usually by post but always check).

You can choose to exercise a break clause yourself, but the cost of getting it wrong can be very high.

By getting in touch with our team, which is recommended by the independently-researched, Legal 500, you have the peace of mind in knowing that we have served countless notices before and we know the pitfalls and traps.

For further information on how our expert team of property dispute solicitors can assist you, please contact us on 0800 024 1976 or via our online enquiry form.

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  • "Nelsons Solicitors Limited's team, which is based in Nottingham and Derby, has particular expertise in commercial and residential landlord and tenant disputes, planning law cases and breach of contract disputes. Simon Waterfield has vast experience of landlord and tenant disputes, including those concerning forfeiture, dilapidations and contested rent review applications. He also has niche expertise in flooding disputes. 'Friendly and professional' associate Oliver Maxwell is particularly active in commercial landlord and tenant matters, easement disputes and claims involving the interpretation and enforcement of overage agreements."

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For advice and support 0800 024 1976