Q&As

If a break date in a lease has been exercised and the break date will fall on a Sunday which is not a working day. Will the tenant be required to vacate and hand the keys over on the Sunday or can the landlord and tenant agree that the tenant's vacant possession is given on the Friday before or the Monday after instead?

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Published on LexisPSL on 29/08/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • If a break date in a lease has been exercised and the break date will fall on a Sunday which is not a working day. Will the tenant be required to vacate and hand the keys over on the Sunday or can the landlord and tenant agree that the tenant's vacant possession is given on the Friday before or the Monday after instead?

If a break date in a lease has been exercised and the break date will fall on a Sunday which is not a working day. Will the tenant be required to vacate and hand the keys over on the Sunday or can the landlord and tenant agree that the tenant's vacant possession is given on the Friday before or the Monday after instead?

A tenant should comply strictly with the break provisions in a lease and, assuming that the break date is a Sunday pursuant to a valid break notice, then the tenant must vacate on the Sunday.

In the case of NYK Logistics (UK) v Ibrend Estates, NYK fell foul of a tenant’s break condition to give vacant possession on the break date, Friday 3 April. On 2 April, NYK confirmed that it would hand over the keys on the break date, but

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