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Thanks for your enquiry.
A Break clause does normally only allow the Tenant to give up the Lease at some fixed point, and this is usually half way through the fixed term, as opposed to any time after a certain date. Likewise, for the break to be exercised correctly, the Tenant has to serve the Notice as dictated by the Lease.
I do need you to forward to me the full wording of the clause from your Lease, to be sure, but I fear that the Landlord is indeed correct, and it would be most strange for the Lease to allow you to break it at any time after the 18th month period.
I look forward to hearing form you if you would like to send me the wording.
Otherwise, I hope the above assists.
Hi, thanks for your positive feedback. Give me a few minutes and I will come back to you on the Lease wording. Al
Hi, the extract you have sent me is only the front sheet. I do need to see the wording in the main body of the Lease. If you could email me this to me? Al
Oh- well, if there is nothing in the Lease itself, this leaves it as a very cloudy issue.
Normally, it would be successfully argued that as there is no break clause in the Lease, then there is no break clause full stop, as the Lease is the legally binding agreement between the parties (the heads of terms are merely an indication as to what should be in the Lease and is not legally binding between the parties).
On the flip side, it was clearly the intention of the parties that there be a break clause, and if it was an innocent mistake that it was excluded, you would have to try and argue this. However, it would still be unclear as to when the break clause comes into effect as you are quite right in that the heads of terms state "after 18 months" implying it could be any time on or after 18 months.
I'm afraid that unless the Landlord is agreeable to you breaking the lease now, your only option would be to take the matter to Court and it would involve no doubt a lengthy and expensive case to resolve and would not be financially viable form your point of view.