Break clauses and notices—service
Break clauses and notices—service

The following Property Disputes guidance note provides comprehensive and up to date legal information covering:

  • Break clauses and notices—service
  • Who may exercise a break clause?
  • Joint tenants
  • Notices served by or on the wrong party
  • Notices served by the wrong tenant
  • Notice served by the wrong landlord
  • Notices served on the wrong tenant
  • Notices served on the wrong landlord
  • Can a break notice be served by or upon a party’s agent?
  • Identifying the correct parties for service
  • more

This Practice Note covers by and upon which party the break notice must be served, the method of service of a break notice (ie permissive or mandatory contractual provisions, statutory regimes for service of notices and deeming provisions as to service of notices under section 196 of the Law of Property Act 1925 (LPA 1925) and section 23 of the Landlord and Tenant Act 1927 (LTA 1927) and section 7 of the Interpretation Act 1978, and common law rules). It also looks at the interaction between break notices and statutory security of tenure, ie assured shorthold tenancies (ASTs) under the Housing Act 1988 and business tenancies under the Landlord and Tenant Act 1954 (LTA 1954).

For more information in respect of when a break notice may be exercised, case law in respect of compliance with break notice requirements, in particular the reasonable recipient test under Mannai Investment v Eagle Star Life Assurance, and what happens when a mistake in a break notice is spotted, whether or not a break notice can be withdraw or waived, and compliance with conditions precedent (pre-conditions), see Practice Note: Break clauses and notices—exercising breaks and conditions precedent.

Who may exercise a break clause?

The break clause will state who/which party is entitled to exercise the right.

The original parties to the lease will not necessarily be the