Landlords have traditionally tried to force on tenants conditions on exercising break rights and, if these conditions are not met, organisations may be left with all the burdens and obligations with respect to a leasehold property that they do not need, when they possibly also have alternative property that is operationally or financially more suitable.

The courts have in the past been extremely landlord-friendly in the relatively large number of cases where disputes have arisen over breaches of break right conditions, but there are have been recent indications of a more realistic attitude. This has essentially led to landlords having to state really categorically that any failure to follow any of the requirements in the break notice will lead to the lease continuing.

Leases break clauses - part 2 - feb 2014-v2.pdf