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How to correctly exercise a break notice in your commercial lease - Chloe Benson published in CWB Magazine

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Chloe Benson, Senior Associate in our Real Estate Dispute Resolution team, writes for CWB magazine outlining how to correctly exercise a break notice in your commercial lease.

For the full article please visit CWB Magazine - How to correctly exercise a break notice in your commercial lease.

“It has been a relatively common theme of late for retail tenants to exercise their breaks with a view to renegotiating terms. Quite often they will succeed, as understandably, landlords would prefer to have a tenant in situ rather than the risk of an empty unit and a business rates liability.”

On the high street many landlord and tenant relationships are under strain. With many business models moving online there is a significant increase in the number of retail tenants looking to exercise their break right.

What do you need to consider to serve a break notice in a commercial lease?

  • Do I have a rolling break or a one-off break?
  • How much break notice do I need to give in a commercial lease?
  • Who is the landlord and who is the tenant?
  • What provisions do I have under my commercial lease?

You may have a precondition of payment of all rent, service charge and other sums up to the break date.

An important note is that a commercial break notice cannot be unilaterally withdrawn once it has been exercised. It is therefore crucial to consider matters carefully before exercising your commercial break option.

The full article on how to correctly exercise a break notice in your commercial lease is available at this link or by emailing cbenson@gdlaw.co.uk.

Chloe Benson

Chloe specialises in property litigation work, advising on a wide range of commercial and residential property issues. Chloe acts for clients including private individuals, retailers, institutional landlords and landed estates.

Goodman Derrick – Real Estate Dispute Resolution

Our Real Estate Dispute Resolution team has a wealth of experience in both the commercial and residential property sectors, the group:

  • Ensures that problems are resolved in the most cost effective way and at the earliest stage
  • Advise commercial clients on every type of landlord and tenant dispute in relation to both freehold and leasehold property
  • Clients include nationwide retail chains, property developers, investors and managers of substantial portfolios
  • Routinely assist with resolving disputes concerning service charges, covenants, agreements, and forfeiture

More information

This guide is for general information and interest only and should not be relied upon as providing specific legal advice. If you require any further information about the issues raised in this article please contact the author or call 0207 404 0606 and ask to speak to your usual Goodman Derrick contact.