Break options and notices

Break options and notices guidance:

This Practice Note explains, in the context of both residential and business leases, what a break clause is, when it may be exercised (including interpretation of common...

Practice Note

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...

Practice Note

Break conditions must be strictly complied with. If a condition provides that any outstanding rent is paid up, the tenant must make sure that it is paid in full and on...

Practice Note

Break clauses—commercial importance Commercially, the break clause is likely to be a key clause for a tenant to give it flexibility. Failure to comply with the terms of...

Practice Note

A tenant's right to break is often conditional on compliance with covenants. The extent to which those conditions must be satisfied depends on whether they are absolute...

Practice Note

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...

Practice Note

It is crucial that the requirements in a break clause—as to form and service of the notice and not just the conditions on the option—are complied with to the letter. The...

Practice Note

1 The Tenant may terminate this Lease [on or at any time after [insert date] OR on [insert date] OR on the expiry of the [insert year] of the Term] on giving not less...

Precedents

Your Ref: Our Ref: Date: From: [Insert name of Landlord’s/Tenant’s Solicitor] of [insert address] To: [Insert name of Landlord’s/Tenant’s Solicitor] of [insert address]...

Precedents

What is a break clause? A break clause is a clause that allows a landlord and/or a tenant to end a lease before the expiration of the fixed term, often at a particular...

Practice Note

1 The Landlord may terminate this Lease: 1.1 [at the expiration of the [insert year] of the Term OR on [insert date] OR at any time on or after [insert date]]; 1.2 by...

Precedents

Variation of terms—generally As there is no privity of contract or privity of estate between a head landlord and an undertenant, an undertenant will not be affected by...

Practice Note

1 Either the Landlord or Tenant may terminate this lease [on or at any time after [insert date] OR on [insert date] OR on the expiry of the [insert year] of the Term] on...

Precedents

Time is generally of the essence for serving a notice to exercise a break option or clause in a lease. This Practice Note covers the need to comply with the mechanics of...

Practice Note

It is crucial to identify the correct party when serving notices. A notice containing an error may still be valid, but the notice must be so clear and unambiguous as to...

Practice Note

This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice. Therefore, whilst some general...

Practice Note

In Mannai v Eagle Star the House of Lords upheld as valid a contractual break notice containing an obvious error on the ground that a reasonable recipient would not have...

Practice Note

1 The Tenant may terminate this Lease [on or at any time after [insert date] OR on [insert date] OR on the expiry of the [insert year] of the Term] on giving not less...

Precedents

Notice to terminate lease To: [name of landlord] of [address] Lease dated [insert date] and made between (1) [name of (original) landlord] and (2) [name of (original)...

Precedents

The ‘registration gap’ is the period of time between completion of the transfer of a property (the legal process of transferring the title to the property as between...

Practice Note

Vacant possession is a term commonly used in sale contracts which provide for the seller to give vacant possession on completion. In the case of leases, whether a tenant...

Practice Note

Introduction A site that is ripe for redevelopment can also be laden with different interests, with varying degrees of legal protection. Landlords that are looking to...

Practice Note

This schedule can be used to collate details of occupiers, the status of occupation, important dates, notices to be served and key issues when dealing with a vacant...

Precedents

The general common law principle is that when a lease comes to an end any underlease automatically terminates. Consensual termination—surrender and merger Statute...

Practice Note

The case law on withdrawal of notices involves notices to quit (NTQ). However, it appears to be accepted, in practice, that the rules apply to the withdrawal of break...

Practice Note