ASK THE EXPERT – “I rent premises in Barnsley and I’m considering exercising my break clause in order to downsize to smaller premises.  What do I do?”

expert

Each week we are taking questions from our clients and contacts.  This week Mr Thomas from Barnsley asks

“I rent premises in Barnsley and I’m considering exercising my break clause in order to downsize to smaller premises.  What do I do?”

Our Commercial Property expert Brad Whiteley answers

“It’s always important that you obtain legal advice before exercising your break clause.  A break clause will normally have conditions attached to it such as the property being vacated, and rent being paid up to date.

A Landlord can refuse to accept a break option if you do not comply with the provisions which would have been agreed on the original grant of the lease.  If a Landlord refuses to accept the break clause then this will mean that you will be bound by the provisions of the lease including the occupation for the remainder of the term.

We always suggest that Tenants obtain legal advice before entering into a lease so that you can ensure that a Landlord is not proposing any unreasonable terms.

We offer a full range of Commercial Property services including advising Tenants and Landlords on the grant of the lease and can provide expert advice on any disputes during the course of your occupation.”

Thomas Tilbrook, the Head of our Property Litigation Department comments further…

“We all work closely together at BEST to ensure that our clients are provided with expert advice for all of their business needs.  Our Commercial Property Team can provide advise on the grant of a lease and my team are here to provide advice to our clients on any issues which are faced during their occupation.

As Brad has commented, it is important to ensure that advice is obtained on the grant of lease to ensure that you are in the best possible position should any terms be disputed on the exercise of a break clause.”

You can contact Brad or Thomas on 0114 3583134 or email us via our contact page .

 

Share on facebook
Share on twitter
Share on linkedin
Share on google
Share on whatsapp
Share on email
** IMPORTANT – COVID-19 **

We can confirm that our Sheffield and Barnsley offices are now open.  We are ensuring the safety and wellbeing of all our staff and clients by offering an appointment only service.

Please do not attend without firstly making an appointment.

To help us manage this we will be keeping our office doors locked so we can ensure that there is only ever one client in our reception area at any given time.  We would also ask that you attend your appointment by yourself where possible to ensure we are limiting the number of people attending at the office.

If you are unsure of what to do, please telephone our offices on 0114 358 3134.

Please note our Free Wednesday Clinic is currently suspended until further notice.

For more updates follow us on Facebook, Twitter, Instagram or LinkedIn or check out our News page.