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Tag Archives: Break Clauses

Marks & Spencer Break Clause Decision

“This is not any court decision, it’s the M&S break clause decision” Following Marks & Spencer’s challenge to an Appeal Court judgment, the Supreme Court has confirmed that there is no implied term that the landlord must repay a proportionate part of rent paid in advance if a lease was terminated between rent days following exercise of a tenant’s break right. It is a decision which may have far-reaching implications …Read More

Getting money back when breaking a commercial lease

Break clauses are commonly subject to conditions. Tenants must comply fully with these conditions in order to ensure that the break clause in the lease operates effectively. Failure to do so could mean that the tenancy continues. This specifically includes the payment of all rent which falls due under a commercial lease. Accidental breach of break clauses Commonly, tenants have found themselves in breach of the condition regarding full payment …Read More

Putting the brake on break clauses in commercial leases

As companies look for ways to save money, disposing of premises that are surplus to requirements is high on the agenda.  On the other side of the coin, landlords don’t want to suffer another void in this climate especially given the current draconian empty rates regime. The net result is that there are more arguments than ever about whether tenant break clauses have been exercised effectively.  Tenants must ensure that not …Read More