Prepare 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.

It might be called a break clause or something different. Here's an example: 'This agreement may be ended by landlord or tenant giving at least 2 months' notice in writing to the other party, to expire at any time after 6 months from the start of this agreement. '

In fact, once a break notice has been validly served it cannot be withdrawn; service of the notice effectively terminates the existing lease and creates a new tenancy by implication if the tenant remains in occupation past the break date (Tayleur v Wildin (1867-68) LR 3 Ex 303).

Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication.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

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).

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."

How to Write a Letter of Notice to a Tenant Determine the notice period. Before you start writing the notice letter, you first have to determine the notice period. ... Indicate the date of issuance. ... Write complete addresses. ... Write salutation. ... Begin with an introduction. ... Provide more details in the body. ... Conclude the letter.