Case note
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A break clause, and why the small conditions matter
An anonymised note on a tenant’s break notice, the conditions attached to it, and what we checked before it was served.
By
Priya Natarajan
A client renting a small office wanted to use the break clause in their lease and move out early. Details are changed so the client can’t be identified.
The conditions
The break clause let the tenant end the lease on a fixed date, but only if three conditions were met: the rent was paid up to date, the office was returned empty, and the notice was served in a particular way at least six months before.
What we checked
That every rent payment, including a small service charge adjustment, had been paid in full
That the fit-out the client had added could be removed before the date
Exactly who the notice had to be served on, and how
What happened
We served the notice by hand and by recorded post, and the client cleared the office a week early. The lease ended on the break date.
Every lease is different, and so is every landlord. This note describes one matter and doesn’t predict another.
This is general information, not advice on your situation. For advice, start a matter or call 020 7946 0958.
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