Tenant’s lease break options are becoming more commonplace, and so are the disputes challanging the vailidity of these breaks.
An arument that seems to returning like an uninvited relative at Christmas is that vacant possession has not been given at the date of the break option.
Tenants leaving goods and equipment within properties have been known to invalidate a break option. As has the tenant staying within the premise after the break date to complete repairs & decorations set out in the dilapidations schedule. All the work and effort in notifying the landlord, paying all sums to the break date (or beyond if required) therefore failed due to non-compliance with the simple rule that the tenant must provide vacant possession.
However, in cases that have gone to court, the landlords claim that vacant possession was not provided due to a few possesssions being left have failed. but why take the risk?
So here are our notes to avoid costly mistakes;
- Take professional advice, and from an RICS surveyor
- Read the lease……then re-read the lease
- Plan well ahead and don’t assume things
- A common sense solution to an issue, that is not in compliance with the lease terms, WILL require the consent of the landlord (and not just his agent).
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