Break clauses—Landlord and Tenant Act 1954
Break clauses—Landlord and Tenant Act 1954

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

  • Break clauses—Landlord and Tenant Act 1954
  • S 30 grounds
  • The competent landlord?
  • Can the landlord break in respect of part only?

Where a tenant has protection under Part II of the Landlord and Tenant Act 1954 (LTA 1954), service by the landlord of a contractual notice to exercise a break clause will (if it meets the contractual conditions) end the contractual term of the lease, but not the tenancy. The tenancy continues unless and until brought to an end by one of the methods specified in LTA 1954.

Notice under LTA 1954, s 25 can be sufficient to terminate both the statutory tenancy and the contractual term, but only if it fulfils the break conditions. If the lease specifies a particular form of break notice, or a notice period that is inconsistent with the notice required under LTA 1954, s 25 (not less than six months, not more than 12 months) then a s 25 notice could not also serve as the contractual break notice. In those circumstances it may be necessary to serve two separate notices. The date specified in the landlord's s 25 notice must not be earlier than the contractual break date.

Even then the landlord entitled to exercise the break option may not be the competent landlord entitled to serve the stat