The Law Society Library discusses sources of precedents and commentary for break clauses for leases, and notices to determine a lease (also known as ‘options to determine’ the lease / tenancy, or break options).

The Law Society Library maintains a database of enquiries called Common Queries. These include results from research to find forms, precedents, rules, regulations and guidance. These records can be freely accessed via the library catalogue Library Search.  

Break clauses for leases and notices to determine a lease

Precedents and commentary can be found in:

  • Encyclopaedia of Forms and Precedents, Volume 22(1): Landlord and Tenant (Business Tenancies), (2016 reissue):
    • Paragraph 383 for commentary.

  • Encyclopaedia of Forms and Precedents, Volume 23(3): Landlord and Tenant (Residential Tenancies), (2015 reissue):
    • Form 231: Option to determine a fixed term in specified years, variation for performance of tenant’s obligations to be a condition precedent.

  • Warwick, Break clauses, 2nd edition (2016):
    • Appendix 1: Break clause for the landlord on one or more specified dates
    • Appendix 2: Break clause for the landlord incorporating a rolling break
    • Appendix 3: Break clause for the tenant on one or more specified dates
    • Appendix 4: Break clause for the tenant incorporating a rolling break.

  • Encyclopaedia of Forms and Precedents, Volume 22(3)B: Landlord and Tenant (Business Tenancies), (2018 reissue):
    • Forms 199–204 actual notices to determine the lease citing the break clause.

  • Butterworth’s Property Law Service (loose-leaf), Section V:
    • Precedents 16-18: Tenant’s Option to Determine; Tenant’s Option to determine following Rent Review; Landlord’s Option to Determine for Purposes of Redevelopment.

  • Ross, Drafting and Negotiating Commercial Leases (loose-leaf):
    • Division R, Precedents 34B, 34C, 35 and 36
    • Division N, Chapter 2 for commentary.

  • Lewison’s Drafting business leases, 8th edition (2013):
    • Chapter 5, paragraphs 5.08 to 5.15 contain commentary and precedents.

  • Precedents for the Conveyancer (loose-leaf):
    • Section 5, Precedents 5-N1, 5-N2 and 5-N3.

  • Aldridge, Leasehold Law (loose-leaf):
    • Extensive commentary, check under “Option to determine” in the index.

Record last checked: 04/03/19

Copies of all documents listed here can be supplied by e-mail via Lawdocs, our document supply service.

For further help and enquiries please contact the Law Society Library on 020 7320 5946 or e-mail us at library@lawsociety.org.uk.

This FAQ is compiled by the Law Society Library. Comments relating to the questions should be sent to library@lawsociety.org.uk.

While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.