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ARTICLE · 26 MAY 2011

Breaking Up Is Hard To Do

A break option can generally be described as a right conferred upon a tenant to terminate its tenancy prior to the expiry of the term of a lease.

IrelandReal Estate and Construction

A break option can generally be described as a right conferred upon a tenant to terminate its tenancy prior to the expiry of the term of a lease. In the current economic environment, with the spike in commercial properties available for rent at increasingly competitive rents, break options are of particular importance to both landlords and tenants and can be the subject of intense negotiation both at the time of the grant of the lease and at the time of its exercise.

For a tenant, a break option gives it the opportunity to exit a potentially onerous or unsatisfactory lease arrangement and allows it to take advantage of the lower rents available in the open market. Even for a tenant happy in its present accommodation, the existence of a break option may improve its bargaining position and potentially assist in any attempts it may make to secure an improvement on its existing lease terms.

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