With SUSAN PYNE, Parter, Poole Townsend

Last updated at 13:43, Tuesday, 12 June 2012

A TENANT wishing to vacate premises by terminating its lease should read the break clauses in the lease carefully and comply fully with them: failing to do so can prove to be an expensive mistake.

Susan Pyne

For tenants seeking to break their leases, here are some pointers:

• Make sure any notice to break the lease is issued by the right person.

This may strike you as obvious, but if, for example, your lease is held by your company, the notice will not be valid unless it is issued specifically on behalf of the company.

There can be particular issues when the lease has been assigned:

• Issue the notice at the correct time. This will be set out in the lease, but the language of the lease may not make it obvious.

A notice period date which runs ‘from’ a stated day excludes that day, whereas one that commences ‘on’ a stated day includes that day.

• Give the notice in the correct form. Usually, a notice must be given in writing and must be delivered in a particular form.

For example, if the lease specifies that it must be delivered by post, a fax will not suffice.

• Give the notice to the correct person. A notice delivered to the wrong person will not be valid.
• Ensure you have not breached your lease terms.

Most leases require that a notice to break the lease can only be given if the tenant has not breached its terms.

Make sure that your rent is paid and all other covenants are complied with, otherwise the notice may not be valid.

• Make sure you have evidence of the state of the premises so that, if a dispute arises over the sum payable for dilapidations, you have the information necessary to support your position.

It is normally advisable to agree the position as far as possible with the landlord.

Remember that it may be cheaper to get some of the work that is necessary done yourself, rather than by the landlord, where possible.

Next week we will look at tips for landlords when terminating leases.

If you require any assistance with commercial leases, contact Susan Pyne, Partner, Property Expert on: (01229) 811811.

Visit pooletownsend.co.uk/leases3 Like us on Facebook Follow us on Twitter.

First published at 13:11, Tuesday, 12 June 2012
Published by http://www.nwemail.co.uk