Break Clauses - The Latest Guidance with Katharine Fenn

Introduction

Break clauses are an extremely common feature in commercial leases and a very fertile source of litigation. There have been numerous cases over the past few years which show how very easy it is to get things wrong, which may result in drastic consequences if not exercised correctly, as the lease will continue.

This webinar will provide a timely update and look at how to avoid the traps associated with break clauses, referring to recent case law for real life examples of what can go wrong.

What You Will Learn

This webinar will cover the following:

• Types of break clause - one-off, rolling, tenant only, landlord only, mutual?
• Drafting a break clause - avoiding problems later on
• 1954 Act considerations
• Lease Code 2020 - what does it recommend for break clauses?
• Cautionary tales from recent case law (such as vacant possession, service of notices)
• Serving the break notice - getting it right in form and substance, and on whom do you serve it?
• When is a break clause not a break clause?
• Conditional break clauses
• Planning for a break - when should you start?
• 'Full' compliance versus 'material' compliance
• Repairs and dilapidations in a break clause scenario
• What to leave behind and what to take with you
• Keys and alarm codes - don't get caught out
• The 'vacant possession' trap
• Breaks part way through a quarter - the apportionment trap - what must the tenant pay?
• Can you get a repayment if you have overpaid?

This webinar was recorded on 31st October 2022