Q&As

If a commercial tenant serves a break notice on a landlord by email (as opposed to registered post as specified in the break requirements) and with an incorrect break date, when should the landlord make the tenant aware that it does not accept the break notice?

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Published on LexisPSL on 08/12/2020

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • If a commercial tenant serves a break notice on a landlord by email (as opposed to registered post as specified in the break requirements) and with an incorrect break date, when should the landlord make the tenant aware that it does not accept the break notice?

If a commercial tenant serves a break notice on a landlord by email (as opposed to registered post as specified in the break requirements) and with an incorrect break date, when should the landlord make the tenant aware that it does not accept the break notice?

Break clauses in leases will frequently set out requirements for the form of notice and method of service, among other things. If the requirements are mandatory, not merely permissive, they must be observed strictly. See Practice Note: Break clauses and notices—service, in particular section: Service—contractual provisions. Hence, serving a notice by email in spite of a mandatory requirement to do so by registered post is not good service. The rule in Mannai v Eagle Star will not assist in such cases (see Mannai itself and Orchard (Developments) Holdings v Reuters).

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