Commercial Lease - Break date

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    Commercial Lease - Break date

    If a commercial tenant serves notice to invoke their break date, yet they have arrears, Would that be considered to be a breach of the break date conditions, thereby obligating them until the end of their fixed term lease, or would it be as per the normal end of a lease which would end irrespective of any arrears?

    Thanks in advance.

    #2
    In my experience, many leases provide that the date on which there must not be arrears is the Break Date (as opposed to the date on which the Break Notice is served). Of course, this depends on the wording of the break clause.

    I would recommend that you seek advice from a solicitor or surveyor specialising in landlord and tenant work - the break must be exercised exactly in accordance with the lease to be effective. Assuming that you don't want the tenant to break the lease, a solicitor/surveyor may well be able to find something that renders the notice invalid.
    All opinions provided are mine and are based on the information posted - please do not act on them without first referring to an appropriately instructed professional adviser (e.g. a solicitor or surveyor). Any action that you do decide to take is entirely at your own risk.

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      #3
      Please quote the break clause in full.

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