Check Break Notice For Free

Break Clauses, also known as Break Notices, are provisions written into a commercial lease that allow a landlord or tenant to terminate the lease part way through the term. This is usually at one or more fixed points in time (for example, eighteen months and three years through a five-year lease).

Break Notices, also known as Break Clauses or break options, are important contractual provisions which allow either a landlord or tenant to bring a Lease to an early end.This is a precious safety-net for a tenant particularly if they are just starting out.

Serving the break notice Prepare a break notice which complies with the requirements provided by the lease and reflects the language of the break clause. It is recommended you use a solicitor in order to draft this. The lease will specify how the notice should be served and when it will be deemed to have been received.

Unless the lease states that the notice must be given as a deed, the break notice will be valid if it is signed by a director or other authorised officer of the company.

In order to be effective, a break notice served by or on behalf of a tenant had to communicate clearly and unambiguously to the landlord that the party entitled to exercise the break provision was determining the lease on the permitted date.

By Practical Law Property Litigation. A landlord's notice to terminate a lease in accordance with a break clause. The notice should be served in duplicate and the tenant asked to sign and return the duplicate as acknowledgment of receipt.

Joint landlords if there is more than one landlord, then all landlords must serve the notice.It will be a matter of construction of the break clause (essentially, what is in your lease) whether the relevant time for compliance is the date of serving the break notice, or the break date, or both.