Brand Break Notice For Free

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

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.

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).

Break clause - You must have the right to exercise the break clause. If you are not the original tenant (for example, the lease was assigned to you from the previous tenant) then you will need to check, in your lease, whether the break right is expressed to be personal to the original tenant under the lease.

A break clause is a provision in a lease which enables either the landlord or the tenant (or both) to end the lease early. It may arise on one or more specified dates or be exercisable during any time during the term (often after a specified period of time has elapsed) on a rolling basis.

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Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication.