Breach notice for non-payment—without an express right to terminate and without time being of the essence
Breach notice for non-payment—without an express right to terminate and without time being of the essence

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

  • Breach notice for non-payment—without an express right to terminate and without time being of the essence

Dear [name of lawyers acting for other party],

[insert name of agreement]: [insert client name] and [insert counter-party name]

  1. 1

    [As you are aware, we OR We act] for [insert client name] (our client).

  2. 2

    Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement).

  3. 3

    We are instructed that [insert counter-party short name] has breached the Agreement by failing to pay £[insert amount] (Debt) to our client by [insert due date] as required by Clause [insert number]. [Clause [insert number] constitutes [an essential OR a fundamental] term by virtue of Clause [insert number]. OR Our client asserts that Clause [insert number] constitutes [an essential OR a fundamental] term, based on the following considerations [insert considerations].]

  4. 4

    [Interest has accrued on the Debt from [(and including)][insert date] in accordance with Clause [insert number] and as at the date of this letter amounts to £[insert amount