Will landlords be able to keep tenants on the hook and will
leases continue even when tenants try to exercise a break right? In
the current state of COVID-19 lockdown it could be more difficult
for tenants to effectively break the term of a lease. Can a break
right be validly exercised when a tenant cannot access the property
to remove its goods and carry out any works necessary to reinstate
the space by the break date?
Some break clauses will allow a tenant to walk away as long as
they have paid all rents due up to the date of the break. This is
within the tenant's control, if it has the funds to pay, so
those breaks will remain effective.
Some break clauses expressly provide that they will only operate
if the tenant gives up occupation and terminates any underleases
they may have granted. Giving up occupation may at first suggest
that it is only people who need to have vacated the property, but
it's not quite that simple and the wording of the clause still
needs
