Commercial lease Break clause confusion

[trothy]

Hi, I think I may have misunderstood or have made a mistake in respect of trying to invoke a break clause for the lease on my office commencing on 1st August 2020. Within the rider of the lease the clause says:

'22. The Tenant shall have the right to terminate as of the third anniversary hereof by giving not less than six months' notice expiring on the third anniversary of the commencement of this Tenancy agreement. If it has observed and performed all of the terms and conditions of this lease as at such date ( including all payments due to the Landlord ) then this tenancy agreement shall determine upon such anniversary date but not further or otherwise.'

I have interpreted this has having to give notice on or before the third anniversary of the lease (in this case 1st August) and I gave notice on July 31st and my thinking was that I would be leaving at the end of January 2025.

Re-reading the agreement it now seems to mean that I should have issued the notice six months before the 1st August, is that correct? If so does this mean that I am now stuck with the lease until August 2025?

The back story behind this is that since the pandemic I have been the only occupant as other members of my staff started working from home, and because it is working well and everyone is happy I saw no reason to change. However I am now the only one left in the office (and paying for rent), so I made the decision early this year to do the same and work from home going forward.

Does anyone know what my options are?


I should point out that I have held the lease since 2007 and have a good relationship with the Landlord.

Many thanks

[atticus]

On that wording you should have given notice no later than1 February to expire on 1 August.

As to your options, you are stuck with thelease unless your landlord will allow you to surrender it.