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Wednesday 5 June 2013

Rent and Tenants’ Break Clauses

In our July 2012 Property Update we identified some of the difficulties tenants experience when exercising a break clause. 

 A recent case, at long last, seems to give tenants some good news.

It is now established law that if the lease requires the tenant to pay the rent up to the break date, then in the absence of express wording to the contrary, the tenant must have paid the full quarter’s rent on the quarter day before the break date in order to satisfy this condition. So, if the break date is 24 July, the tenant must pay rent from 24 June to 28 September in order to satisfy the condition. If the tenant only paid rent from 24 June to 24 July the condition would not be satisfied and the lease would continue. 

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