I am a tenant – can I break the length of my lease?
It is possible to have a tenant-only break clause in a lease. Such a clause can be vital as it will enable the tenant to terminate the length of a lease rather than wait for the lease to run its full term.
The exercise of the break clause will be subject to the tenant complying with conditions, such as on whom the notice is served. Failure to strictly observe these conditions may result in the tenant’s break notice being invalid.
If it is a condition of the break notice that the tenant must give vacant possession of the premises then the tenant must ensure that the condition is strictly complied with and time is of the essence.
It is essential that the tenant comply strictly with the terms of the lease to ensure that the termination notice is correctly served.
An error in exercising the break clause can be very costly as the tenant will remain liable for the rent, rates and service charge if the notice is not properly served.
If you want help with any of the above matters,
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