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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.

Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication.

Break provisions allow tenants and landlords the right to terminate their lease before the expiry of a fixed term. A break clause is usually exercised on a fixed date during the lease term although rolling breaks, which are exercisable at any time during the term, can also be agreed.

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.

To serve the notice, you'll need to fill out form 6a and then serve it to the tenant. 'Serving' the notice means making sure the tenant receives it. You'll need to be able to prove that the tenant received your notice forms for your eviction to have a chance if it goes to court.

A break clause is a provision in a lease which enables either the landlord or the tenant, or both, to end the lease early. In today's challenging economic climate tenants are cutting back their businesses or looking to re-negotiate more favourable lease terms, and are choosing to exercise their break options.

A property management company effectively validated a break clause notice by accepting it as an email even though the lease required more formal notification.