LISTEN: Break clauses detail the ability of either party to a lease to be able to terminate the agreement. But operating them is far from straightforward.
A substantial body of case law – built up over many years – governs their operation and continues to evolve. That case law imposes strict compliance with the conditions of the lease and, as a result, the potential for disputes is high.
To help guide listeners through the potential minefield is property litigator Helena Davies, a partner at Brabners in Manchester. She joins Sarah Jackman in the EG studio to discuss the importance of the break clause to the commercial lease, the things that parties need to be aware of when drafting and how strict compliance with the conditions of the lease is crucial.
