Can you exercise your tenant’s break right?
Mike Suggett of Browne Jacobson has pointed out that where a tenant of a commercial property seeks to negotiate into a lease the ability to terminate the lease early, he will usually wish to secure the break right conditional only on serving notice. However, this can be unacceptable to some landlords who may insist on more onerous conditions . Some of these conditions can be complied with relatively easily, but some can be so onerous that they will allow a landlord to effectively frustrate a tenant’s right to break the lease early.
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