Dear Beatrice - Sep 28, 2016

Q. I am the tenant of commercial premises under a ten year lease, and I have served an option to break terminating the lease in six months' time. This option to break is subject to a condition to give vacant possession of the premises and to have complied with all repairing covenants in the lease. I have carried out works to the premises during the term under a licence for alterations, which include large amounts of partitioning, window blinds,  an alarm and kitchen units. I am anxious for the break to be effective. What kind of issues do I need to consider?

A. The break clause will only be effective if all of the conditions attaching to it have been satisfied.  The condition to provide vacant possession won't be complied with where there is any impediment that substantially prevents or interferes with the right of possession of a substantial part of the property.