Navigating break clauses in commercial property

Commercial Property Solicitors Buckinghamshire

Navigating break clauses in commercial property

14 December 2023

Break clauses in commercial property provide a valuable tool for businesses seeking flexibility in managing their real estate portfolios. Tajinder Rai, Head of Commercial Property at Lennons, explores the dynamic landscape of commercial property leasing and how break clauses can play a pivotal role in providing flexibility for both landlords and tenants.

Break clauses allow either party to terminate the lease before the agreed-upon term expires, offering a degree of adaptability in the ever-evolving business environment. In England and Wales, understanding the nuances of break clauses is crucial for businesses seeking to manage their real estate portfolios effectively.

What is a break clause?

A break clause is a provision within a commercial lease that permits either the landlord or the tenant to terminate the lease before the end of its fixed term. Typically, break clauses are inserted to provide flexibility, allowing businesses to adjust their property arrangements based on changing circumstances by allowing them an early exit if required.

Conditions and notice periods

Break clauses are not a one size fits all approach; they generally come with specific conditions and notice periods that must be adhered to for a valid termination. These conditions may include factors such as the payment of outstanding rent, compliance with repair and maintenance obligations, or other terms agreed upon in the lease. Failure to satisfy these conditions could render the break notice invalid.

Notice periods are critical components of break clauses and are often subject to strict timelines. Both landlords and tenants must be vigilant in adhering to these periods to ensure a smooth transition. Understanding the intricacies of notice requirements is essential to avoiding disputes and potential legal complications.

Tenant considerations

For tenants, break clauses can be a lifeline in responding to business changes or seeking more favourable leasing terms. However, if you’re a tenant, it’s vital that you carefully review the lease to understand the specific conditions attached to exercising the break clause. Failure to comply with these conditions may result in unintended consequences, including the continuation of lease obligations.

Landlord safeguards

Landlords, on the other hand, may include stringent conditions to safeguard their interests when agreeing to break clauses. These conditions might include the requirement for the property to be returned in good repair, the settlement of outstanding rent, or other obligations that ensure a smooth handover process. Break penalties may even be applied by landlords, whereby the tenant is asked to pay a fixed sum in lieu of an early exit.

Legal advice and expertise

Given the complexity of break clauses, seeking legal advice is highly recommended for both landlords and tenants. Engaging with legal professionals specialising in commercial property can help parties navigate the intricacies of break clauses and ensure compliance with legal requirements. This proactive approach can mitigate the risk of disputes and legal challenges down the line.

The commercial property team at Lennons has a great deal of experience in drafting commercial leases with break clauses, as well as effectively serving break notices and any ancillary documents to coincide with such leases.

In summary, break clauses in commercial property law in England and Wales provide a valuable tool for businesses seeking flexibility in managing their real estate portfolios. Whether you are a landlord looking to protect your investment or a tenant adapting to changing business needs, a clear understanding of break clauses and their associated conditions is essential. By proactively addressing these considerations and seeking legal guidance, businesses can navigate the complexities of break clauses with confidence, making informed decisions that align with their strategic objectives.

Contact Tajinder Rai for more information if you are looking to negotiate a break clause within your commercial lease.

Tajinder Rai has a legal career spanning almost 20 years. She joined Lennons in December 2023 as our head of commercial property. Tajinder is also a independent notary public.

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Billy Corbyn

08:36 30 Dec 22

Lennons Solicitors, simply put, were patient, attentive, knowledgable and, above all, empathetic regarding the sale and purchase of my new home. Having tried to move several times during the pandemic (many surveys, many lost homes due to the uniqueness of the time) Lennons provided expert, professional support with a human element that made the considerable pressure of the process tremendously easier. With clear comms, support, and a smile, Lennons were a true partner, and I recommend them highly!

Olga Cyran

07:55 14 Nov 22

We have instructed Lennons Solicitors to act on our behalf in the purchase of our first home. From the point of obtaining a quote to completion Ros Nolan and Dianne have provided an exceptional level of service. Ros was very proactive, efficient, professional, and always easily contactable. Both Ros and Dianne were a pleasure to deal with due to their kind and approachable personalities, making a stressful process feel relaxed. We cannot thank or recommend them enough. You are both a credit to Lennons Solicitors.

Gina Wright

11:17 06 Jul 22

We engaged Lennons for the sale of our house and the purchase of our new home. Ros Nolan was excellent in both transactions. Ros was thorough and gave excellent, timely updates about the progress of each transaction. The only reason that I have not given 5 stars is that there was no locum cover when Ros was away on holiday. This would have been most helpful. Ros ensured that all the outstanding actions that occurred when she was away were dealt with as a priority on her return. However, this would have been less stressful if some issues had been dealt with in her absence. I would recommend Lennons and will use them again, when the opportunity arises.

Kathryn

15:42 01 Jul 22

In what has been a protracted sale of my flat, Ros Nolan at the Amersham branch has been brilliant throughout. She has been extremely approachable and always willing to go above and beyond expectations to ensure the minimum of stress. We got there in the end and it is thanks to her hard work and patience. Thank you so much.

Helen Carson

17:21 15 Jun 22

Ros recently worked on the purchase of our house and we couldn’t recommend her highly enough. She was very communicative, attentive and explained each step of the process clearly to us.

Michael Mott

12:02 03 May 22

Having now worked with Lennons twice, once for a sale and once for a purchase, we are so grateful to Fran for all of her hard work, keeping us constantly updated and helping us through the process! We felt so grateful that we had her expertise and knowledge available. Thank you so much!

Jill Stiel

15:11 12 Feb 22

Posting on behalf of my parents, both 95. Ros Nolan acted on their behalf in a purchase and a sale. Ros and her team went above and beyond their remit to make both these tranactions as smooth and stress free as they could be. No hesitation in recommending Lennons, they are extremely professional but also very caring.

Lorand I

18:03 05 Feb 22

Been at Chesham office,they promised to follow up with a call, never happened, Had a chat online with someone… they promised to call me… never happened.They clearly don’t need money or new clients.

Bobbie Williams

08:48 08 Nov 21

I had excellent personal service from Ros Nolan. She gave me the perfect combination of professionalism and humanity. As a first time seller she took me through the process with efficiency and kindness. A really great experience.

Andrew Silley

16:37 25 Oct 21

A great team who can be trusted and left to get on with the job of bringing a house purchase to completion without having to hassle them! They say what they'll do and do what they say - and they'll spot the detail you will probably miss! Can't speak highly enough about them.

John Moody

22:10 11 Oct 21

As we live in New Zealand, we asked our estate agent who they would recommend to handle the sale of our property. The agent stated that the only agent he was 100% happy to refer us to was Jackie Stay at Lennons.Jackie was on holiday when our sale started but her assistant Marilyn was super-efficient at getting all of the documentation and necessary paperwork sorted in Jackie's absence, so the process was not impacted at all.The sale (leasehold) was complex and extremely tight on timings and both Jackie and Marilyn remained calm, efficient, good-humoured and professional the whole way through, managing to complete at the agreed date, much to our surprise and delight!Our huge thanks to you both and the team at Lennons for your work in helping us navigate through this sale.

Matt Holmes

12:21 24 Aug 21

We recently used Ros at Lennon’s and between herself and Dianne they did a super job with our sale and purchase. Very smooth from start to finish, clear communication and swift action when needed. To get the transaction done within 12 weeks in the current climate was a great effort. If needed we will definitely be back.

Paul Calway

20:23 13 Jul 21

Could not recommend these guys enough. John Churchill was our solicitor and he was friendly, efficient and hard working. He somehow managed to get our sale and purchase through in a little over two months. Fantastic service.

Sarah OutsetMedia

13:43 22 Jun 21

We were recommended to use Ros at Lennons Solicitors and we were not disappointed. In an exceedingly busy time with the stamp duty holiday about to end, she has delivered a first class service and has always been available to answers any questions, not matter what they were.I would not hesitate to recommend her and would certainly use her again for any future moves. She made a very stressful process a lot easier.

Anusha Everson

12:34 22 May 21

Knowing how stressful house purchasing can be, we were keen to reduce that as much as possible by finding a great solicitor. We definitely struck gold when Ros Nolan at Lesson's agreed to take on our work. Courteous, caring, personable and gets the job done. We are busy and don't have the time to be following up services and this was so efficient. Most of our communications were by email and Ros knew exactly when a phone call would be better! We recommend Ros and the team at Lennons.

Kate Maples

19:56 29 Apr 21

My house purchasing experience was made so straightforward & stress free with Ros Nolan at Lennons Solicitors. She was very responsive, genuine & transparent and importantly an absolute pleasure to deal with! She kept things moving quickly and me updated throughout the process. Her assistant Dianne was also super helpful.I would highly recommend Ros and Lennons Solicitors.

Ed Bussey

14:14 21 Apr 21

We engaged Ros Nolan of Lennons Solicitors to act as our conveyancer in a house purchase. This needed to happen in under 10 weeks. From the get-go, Ros was friendly, on-the-ball, quick to respond and realistic. We completed in less than 9 weeks; this was in no small part down to her professionalism. All of this at a reasonable price. Thoroughly recommended.

Paula Hurd

12:09 23 Mar 21

Right from the outset of our sale and purchase Ros Nolan was superb. Very professional, responsive and helped make a usually stressful occurrence much less so. Can’t praise her enough . Thank you Ros for everything.

C J

10:54 11 Mar 21

Ros at Lennons Solicitors did a great job with regard to my recent sale. She was efficient, professional and approachable with a calming demeanor making an at times stressful process less so. I had confidence in her at all times and I wouldn't hesitate in recommending her.

The Chalfonts Motor Company

14:03 06 Mar 21

Absolutely fantastic service from Both Ros and Dianne for the sale and purchase of our new house. Many thanks for all the hard work.Edward and Emma.

Maria A

17:05 13 Feb 21

Ros guided us through our recent house purchase. From the very first call, we knew we were dealing with a true professional. She is highly knowledgeable, very personable, always responsive and proactive, took time to explain our options, offered reasoned solutions and made the process stress-free.Dianne answered our phone calls, kept us updated and ensured that the onboarding and fee payment process was handled smoothly.When Ros was on leave, we were assigned a locum solicitor which meant that we had continuity of service.

Lee Edwards

16:31 08 Feb 21

Ros Nolan helped with the purchase of a grade 2 listed property. She was professional and very quick to respond to questions. She was also very proactive in ensuring the purchase progressed quickly and the exchange/completion process was extremely smooth. Would recommend!Thank you Ros for your fantastic work and help.Lee

thomas kinsey

11:20 02 Feb 21

Ros Nolan at Lennons dealt with our house sale and purchase and was incredibly diligent and professional throughout. She took time to answer our queries and provided helpful guidance and advice to us. I would recommend.

Cassie Staines

17:48 30 Jan 21

Lennons have been absolutely brilliant, responsive and have gone above and beyond to help us get our sale through smoothly. Thoroughly recommend.

Sam Elliott

11:48 26 Nov 20

We've recently completed on our first property and we would like to recognise both Todd and Lennons for their support and guidance throughout the process. Having not been through this process before, it was quite daunting to know what actions needed to be done. Todd was always available to put our minds at ease and coach us on every step along the way. We'd recommend Lennons to anyone looking for professional support when buying or selling.

Matthew Arnold

11:11 22 Oct 20

Thank you so much to Tamara at Lennons' for steering me through my redundancy. Her sensible and straightforward approach made the whole thing much easier plus it was all completed very quickly which I really appreciated.

Tom Makinson

12:53 16 Oct 20

We used Lennon's (Ros) for our recent sale and purchase and found her to be efficient, thorough and informative throughout the entire process. I would highly recommend the service to anyone.We also received a hard copy of all info/searches at the end of our purchase which was a nice touch - always useful to have something in physical copy!

Justine Raymond

19:07 31 Aug 20

Highly recommend the services of Lennons Solictors especially Ross Nolan and with Dianne's help they went above and beyond our expectations. We would throughly reccomend their services.Justine Raymond and Fiona Wells.

Corin Evans

15:23 03 Aug 20

We've just sold our property and we had Francesca Putland manage it for us. This is the second time my partner and I have used Lennons and again they were fantastic. Francesca was on hand at every turn to offer advice and make it as smooth as possible. The sale was stress free and she ensured it went smoothly. Francesca really went above and beyond to keep us up to date throughout the whole process.

Hamish Haughey

08:37 31 Jul 20

Fantastic, professional, friendly, and proactive support from Ros when buying our new house. Couldn't have asked for a better experience! Would recommend!

Nikki Hayman

09:48 27 Jul 20

We can't thank Lennons Solicitors - Amersham enough, but especially to Todd Bowsher and the work he did on our house purchase. Helping us through one house falling through and getting the next house completed in a matter of weeks. Todd was always prompt with all responses, and explained every step to us professionally and clearly.We would recommend Lennons and Todd to anyone looking for a solicitor to help in the sale or purchase of any property.Thank you so much.Nikki & Mark

peter oden

09:25 26 Jul 20

Helped us buy a house and sell a house. They were always very responsive, accurate and insightful. Highly recommended.

Caroline Shephard

12:51 15 Jul 20

The staff at Lennons were superb, in particular Ros Nolan, who steered me through the minefield of selling a property. Would highly recommend both her and the firm.

Kate Readings

01:30 13 May 20

I can’t praise Lennons Solicitors of Amersham enough, but especially to Ros Nolan and her PA Dianne for the exceptional work they did in the sale of my house so recently.Ros was always prompt with all her responses, professional and so approachable when it came to any problems. We only completed last Friday and I am so VERY VERY grateful to her because without her hard work and total efficiency it could have been a very different story considering the news of today, and the impact it is having on the house sales market.Her fantastic services were reasonably priced and I would recommend Lennons and Ros to anyone looking for a fantastic local solicitor to help in the sale or purchase of any property.Thank you so much.Kate

Andrew Hutchison

07:29 06 Mar 20

We used Ros at Lennons as our conveyancing solicitor for a house buy. As first time buyers we needed lots of guidance which Ros happily gave. She was helpful, friendly and knowledgeable. She was on top of everything and kept us informed along the way. I can highly recommend.

Pip H

18:12 29 Feb 20

We recently completed on the sale and purchase of our home and Ros Nolan carried out our conveyancing work. For a number of reasons, the transaction was rather long and protracted, so we were pleased to have Ros as our lawyer and very impressed with her readiness to go the extra mile. She was always easy to contact and ready to talk through any issue that concerned us. This is the second time Ros has acted for us and it felt like having a good friend 'in our corner’ helping to smooth out the problems and bring us to completion. Thankyou Lennons for a job well done!

Christina Halkiopoulos

09:21 04 Feb 20

Todd at Lennon's has been an absolute joy to work with during our property purchase - he's extremely knowledgeable, helpful and efficient. He dealt with all of our queries in a timely and professional manner. We will absolutely look to Lennon's - and Todd in particular - for any future legal needs.

Ben Mansfield

17:00 28 Jan 20

I used Rezaul Haque at Lennon's for a business contract and found them to be very efficient and excellent value for money. Great communication throughout the process. I would highly recommend.

nadia malik

21:21 27 Jan 20

We had an amazing experience working with Rezaul. Very honest and upfront. Very keen to help and very prompt with all responses and any questions we had taking over the lease of a new shop. Thank you for all your help and friendly advice. Would definitely recommend.

Cynthia Hassell

16:09 21 Jan 20

A very pleasant experience with Ros Nolan, nothing was too much trouble for her to explain. Queries answered quickly and professionally. It made buying and selling a good, trouble free experience with this Company, particularly with Ros Nolan. We would highly recommend them.

Gary M

19:27 16 Dec 19

I could not have asked for a better conveyancer than Ros Nolan at Lennons to help me through my first house purchase. From the first abortive purchase through to completion on my new home, Ros has been diligent, helpful, friendly, and highly competent. A massive thank you to both her and Diane for all their hard work.

Amy Sansom

14:03 04 Dec 19

Rezaul was brilliant at solving a corporate dispute for us and ensured procedure was followed to the letter. He was always on hand for a quick phone call if needed and kept us up to date on the matter.Thank you

Mike Lennon

23:01 21 Oct 19

Andrew king from Lennons Solicitors is excellent at what he does. Having conducted research around various firms based upon expertise and reviews I opted to instruct Lennon's Solicitors. My point of contact was Pauline Barber who took my initial information. I was then referred to Andrew in respect of a sensitive property / probate matter, which was a very stressful situation for my mother. Suffice to say Andrew was personal but professional in his approach, explaining everything in a way you can understand, whilst providing clear options in how to progress matters. He was helpful in resolving any queries and concerns which were raised. This not only helped me tremendously in obtaining the correct information he required but it also made matters stress free and easy for my mother to understand. Pauline assisted in proceedings when Andrew was not available and all messages left received prompt responses by both Pauline and Andrew. Overall Lennon's were selected for their reputation and expertise in the field i required. Suffice to say Lennon's did not fail to deliver and Andrew is a damn good solicitor, who I would recommend 100%.

Rachel Moore

12:50 16 Oct 19

I've used Todd Bowsher for buying/selling property twice now and both times have been straight forward and stress-free. It became apparent to me in buying my latest flat the importance of having a good solicitor and I can't recommend Todd, and Lennons, highly enough.

Bob Falana

12:21 14 Oct 19

Dear Todd, having worked with you on a number of property purchases over the last few years, I am delighted to offer my feedback. You are a pleasure to work with, Always returning my calls and keeping me informed throughout the process. You make what could be a stressful time much easier and calmer, your advice has been valuable and accurate for sticky moments in the process. Thank you for a great service at a great price.Kind regards - Bob

Scott Hamilton

10:35 02 Oct 19

Lennons worked on a commercial lease for me. They performed this task quickly and efficiently. Easy to work with.

Martin Nash

14:50 01 Oct 19

Ros at Lennons recently acted for me with a house purchase. Excellent service, she kept me well informed throughout, the process, seemed really knowledgeable and chased things along when necessary. Would highly recommend. Competitive fee for a quality service. Thanks Ros.

Susan Harris

11:04 26 Sep 19

I am very pleased that I instructed Rezaul from Lennons in Amersham to undertake some conveyancing work for me in relation to my business. Rezaul communicated well and always kept me informed about how the process was going, along the way. He was also very easy to get along with and available to answer any questions. I will certainly use him for anything I may have in his expertise in the future!

Katie Hughes-Jones

11:23 18 Sep 19

We had a great experience with Todd at Lennons. He did everything he could to move things along as quickly and as efficiently as possible as well as always been available for advice.

Dan Farrell

21:16 16 Sep 19

Efficient, diligent and understanding service from Todd and the team. We really appreciated the advice and accurate conveyancing service.

Adam Gibson

14:03 05 Aug 19

Ros Nolan was a pleasure to work with on the purchase of our new home. Her expertise and knowledge helped in maintaining an easy, smooth process. I'd highly recommend Ros' services to any other first time buyers.

Heidi Scully

18:49 26 Jul 19

I had never sold a house before and didn't know quite what to expect. Roz or Diane were always quick to answer the phone or emails. The whole process ran smoothly and I was always kept informed along the way how things were going. Thank you very much !

Kieran Byrne

14:29 28 Jun 19

I had the pleasure of dealing with Rezaul from Lennons in a couple of recent transactions, both residential and commercial. I found him to be extremely professional and knowledgeable. He was also tenacious in protecting my interests. Altogether my experience of using Lennons was excellent, I will use them again and recommend them to friends.

Alison Chauhan

11:32 25 Jun 19

Lennons Solicitors were highly recommended by 2 lots of friends and Lennons lived up to our expectations when selling a house in York via probate and some very technical aspects linked to Land Registry - we live in Bucks - and the whole process was very efficient and economic under Ros Nolan who proved to be a very safe pair of hands. We were fully kept in the picture throughout the process with an outcome we were looking for. We will appoint Lennons for legal services in the future and would recommend Lennons to others as well.Alison an Bal Chauhan

Sarah Quane

11:54 19 Jun 19

We were recommended to use the services of Ros Nolan when selling our house in Chesham. Really grateful that we took the advice as compared to some of the solictors in the chain, Ros was always readily available to speak to us, replied to emails promptly and gave us really good advice throughout the process. So much so, we have instructed her to act for a purchase on our sons behalf and again, Ros is readily available and gives our son, as a first time buyer, lots of time and reassures him whenever he has a question or query. Top marks for communication which when both buying and selling, is imperative. Highly Recommend

Chris Barrett

15:31 17 Jun 19

Rezaul dealt with the conveyancing of our residential property. As first time buyers, we were kept informed throughout the process and exchange and completion were almost seamless. Many thanks for a smooth process, highly recommended.

Valerie Gollar

15:53 05 Jun 19

Details of this firm appeared on line when I was researching a Land Registry form. After using their chat line I received a call back from Mike Wragg and was given the information I required, and which I had been unable to access from the Land Registry site. Excellent advice and would definitely recommend.

Early New Business

09:41 22 May 19

Rezaul Haque did a great job for my family, purchasing the Freehold of their property. Rezaul acted in an efficient, timely fashion, with a very professional manner at all stages of the transaction

Dick Tillett

14:24 25 Apr 19

Rezaul Haque has been a great help in what has been a difficult time. He has been very quick at returning phone calls and emails. He handled my commercial property lease efficiently. I would not hesitate to work with him again and I would happily recommend Lennons.

Giles Leather

11:44 15 Apr 19

Rezaul Haque was extremely professional and worked relentlessly to ensure a good result for all concerned. Thank you.

Victor Surana

20:36 14 Mar 19

Professional service by first class solicitors. Ros Nolan did a fabulous job on sealing the deal for our first property. She is a thorough professional who exceeded our expectations. It was a very assuring experience as Ros always kept us updated on the progress and proactively completed the paperwork well within the timelines. Overall, thanks to Ros, our expectations were exceeded. Will not hesitate to recommend her for all your legal works.

Rich Perfumerie

13:11 27 Feb 19

Rezaul did a fantastic job with our commercial lease.Wouldn’t hesitate to use him and Lennons againHighly recommended

Innervision 1

10:29 11 Feb 19

Rezaul Haque from Lennons dealt with the lease on our new office. He was efficient, thorough and most professional despite some trying circumstances. He made my job that much easier. Thank you.

Matt Crisp

17:21 29 Jan 19

Rezaul did a fantastic job on our corporate share holders agreements, great guy, great work, Many Thanks!

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