Manage Break Notice For Free

You will need to know both when the break can be exercised and how much notice you must give. The lease may set out a single break date, either expressly (for example, 25 March 2028) or by reference to the date the term began (for example, 'on the fifth anniversary of the term commencement date').

Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication.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

Exercising a break clause will allow you to terminate a lease before the expiry of the contractual term. However, in order to exercise a break right effectively, the break notice must be served in compliance with the lease terms and any conditions to the break must be complied with.

Notice must be served ? the form of notice that is required to operate a break clause will be set out in the lease. The clause covering this should include what wording is necessary and how much time in advance the notice should be served to make the break clause work.

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. '

The lease will provide details of how the break notice must be sent to ensure effective service i.e. there may be a requirement to send the notice by registered post or by personal service.

A break clause is a line in the lease that allows the landlord, tenant or both to end a lease early without facing a penalty. It includes an agreed date when the lease can be ended. To use a break clause, you must give the other party notice. The break clause will say how much.