Generate Break Notice For Free

A break notice in a commercial lease is a notice which either or sometimes both a landlord or tenant can serve on the other to terminate the lease before the contractual expiry date under the lease. There needs to be a contractual right in the lease to terminate it before the expiry date.

Background law However where the notice is served based on a clause in the tenancy agreement during the fixed term, this is not the case, and both tenants have to agree to this.

How to write a lease termination letter. Your name and contact information, including phone number. Name of tenants and their contact information. Today's date. Reason for lease termination. Lease start date and end date. Move-out process instructions. Copy of the move-out checklist.

Notice must be served ? the form of notice that is required to operate a break clause will be set out in the lease. The clause covering this should include what wording is necessary and how much time in advance the notice should be served to make the break clause work.

Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication. There are a number of consequences that flow from this. The first relates to security of tenure.

Example break clause "This agreement may be ended by landlord or tenant giving at least 2 months' notice in writing, to expire at any time after 6 months from the start of this agreement."

It's worth noting that break clauses often come with a requirement of how much notice to give. The notice period to activate a break clause in a tenancy agreement is often 2 months.

Dear [landlord or property manager's name], This letter shall serve as my written notice to vacate on [DD/MM/YYYY]. I request to vacate and terminate the lease which was signed and agreed upon on [start of lease date]. I will be moving out of the property at [current full address], at the latest, by [DD/MM/YYYY].