Outline Break Notice For Free

If your agreement says you can end your fixed term tenancy early, this means you have a 'break clause'. Your tenancy agreement will tell you when the break clause can apply. For example your break clause might say you can end your tenancy 6 months after it starts if you give 1 month's notice.

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."

Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication.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.

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.

All that is usually required is a notice given by the tenant to the landlord that informs the landlord that the tenant is purporting to exercise a contractual right to break the lease in ance with its terms.

Background law With a Notice to Quit given to end a periodic tenancy, there is a long string of cases confirming that one of joint tenants can serve this and end the tenancy even if the other tenant knows nothing about it.

6 months break clause example The wording will be something like: "This agreement can be ended by the landlord or a tenant giving two months' notice in writing to expire at any time after six months after the start of this agreement".