Any fool can get a lease;
it's getting out of a lease
that can be the problem
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What is a break clause?
This is when you break away from your lease and therefore avoid paying rent on a building you are not happy with or no longer meets your requirements.
If at all possible we would always recommend getting a break clause as you never in business know what lies ahead. Only in a very strong market will you be forced to have a lease without a break clause. At the end of the day it is up to you whether you sign it or not. You may be better off with a short lease than one without a break clause.
My lease has a break clause – what do I do to get out of the lease
The property is in a better condition than when I leased it
This is a comment that we often hear from people with industrial units and warehouses and indeed any older property. However the problem with this is unless a Schedule of Condition has been carried out when they leased the property then you have to give it back as stated within the lease so if it says good and substantial repair then that's what you need to do.
What is a Schedule of Condition?
A Schedule of Condition is a document that we prepare for you as Chartered Dilapidations Surveyors which limits your liability. It is a photographic record presented in a set way to minimise your liability. We have several unique things that we do which are our Dilapidations unique selling points which we would be more than happy to go through with you and give you examples of; they have worked very successfully over the years.
First things first, know where you are
We say it is very important to understand where you are with a Dilapidations claim, not to think things are worse than they are, which is often a picture painted by the Landlord's Dilapidations Surveyor. Equally you do need to consider that you are not in a better situation than you think you are where for example you are saying that the property is in a far better condition than when you took it on but not having any regard for the terms of the lease and the standards set out within this.
Get someone to read the lease who understands leases and can give you a common sense viewpoint
Don't think you can just walk away from the lease
Most landlords are very serious operators with massive funds and resources behind them and understand their business very well and as such will not let companies walk away without paying Dilapidations or coming to an agreement.
We have come across warehouses and industrial units used and abused and some of them pristine. The important thing is to ensure that you meet your obligations within the lease.
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