Lease break option disputes—Scotland
Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper
Lease break option disputes—Scotland

The following Property Disputes practice note produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper provides comprehensive and up to date legal information covering:

  • Lease break option disputes—Scotland
  • Break clauses
  • Break notices
  • Mandatory Requirements
  • Errors in Expression
  • Identity of Landlord and Tenant
  • Service of the notice
  • Withdrawal of a break notice

Break clauses

A break clause is a term in a lease which permits the landlord or the tenant to terminate a lease early. Break clauses are considered in detail in the Practice Note: Break options in commercial leases in Scotland which covers:

  1. the effect of a break clause

  2. who may exercise the break

  3. when may the break clause be exercised

  4. pre-conditions to exercising a break clause, and

  5. the effect on sub-leases

For examples of drafting in break clauses, see Precedents: Style clause—landlord break option to terminate lease—Scotland, Style clause—tenant break option to terminate lease—Scotland and Style clauses—mutual break option to terminate lease—Scotland.

Break notices

Break options are exercised by the service of a break notice. The requirements associated with the break notice including the form, the date for and mode of service and the identity of parties on whom service is to be affected are often detailed in the break clause. However, they may also be contained in a general clause in the lease, or both.

Mandatory Requirements

Any mandatory requirements relating to the notice must be strictly complied with. The party exercising the break option must check the lease for any express provisions relating to the notice. If the lease expressly states that the notice must take a particular form or be provided on a specified period of notice or include specified content, then that requirement must be

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