Break Clause Management

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Client:

Surplus property solutions provider

Brief:

To monitor the sub-tenant’s break clause and determine whether the break had been properly exercised.

Services requested

> Review the lease and compliance issues for the break.
> Monitor the sub-tenant’s works.
> Act as project manager on the case.

Solution provided:

We reviewed the condition of the property and put together a team in the event that the sub-tenant failed to properly exercise the break but contested the validity of the break. This ensured that the specific nuances of the break clause were fully understood by the team of Building Surveyors, s18 valuer and barristers. The sub-tenant failed to comply with the requirements of the break on payment of monies and repair, and the break was therefore disputed. The case settled on the steps of the court with the sub-tenant withdrawing their case. Subsequently, we negotiated with the tenant on a surrender of their lease, with payment to the client of all monies to expiry.