Q&As

Do I have time to serve an effective break notice, what form should it take and what is the method of service?

read titleRead full title

Published by a ÑÇÖÞÉ«ÇéÍø Property Disputes expert
Published on: 03 December 2013
imgtext

Scenario

A client has just called to tell me that after some last minute management meetings, they would like to give notice urgently to end the lease of their HQ. The break clause states the following:

‘If the Tenant wishes to determine this Lease on the fifth anniversary of commencement of the Term and gives to the Landlord at least 6 months' prior written notice of that wish, then on expiry of the notice the Term is to cease and determine immediately, but without prejudice to any rights or remedies that may have accrued’

The Term commenced on 1 March 2009. It’s 2.30pm on Friday, 30 August 2013. Can I still serve notice effectively and what should I put in my notice?

Timing

  1. •

    Determine what is the fifth anniversary of the Term. If the Term commenced ‘on’ (rather than ‘from’

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Notice definition
What does Notice mean?

In a contractual context, a notice may be to terminate the agreement, or may be the notice required to do a certain thing under the contract. Notices usually must comply with certain formalities set out in the contract, and certain time limits.

Read more readmore

Popular documents

If a letter was sent registered delivery using next day delivery service, would this be deemed served the

If a letter was sent registered delivery using next day delivery service, would this be deemed served the next day under section 196(4) of the Law of Property Act 1925, even if the recipient was away and therefore could not sign for, nor obtain the letter until later the next week, or when the

Death of a landlord or tenant

Death of a landlord or tenantThis Practice Note looks at the issues that arise where one party to a lease dies during the term, including the effect on the lease, the rights to terminate that may arise, how to serve notices on a deceased landlord or tenant or name them in proceedings, and the

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

Contributory negligence in personal injury claims

Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a