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Contentious Break Clause Notices

Avoid costly mistakes on serving notice

A break clause is a provision within a lease which allows either the landlord or tenant to end the lease early.
When serving a break notice, the party who wishes to serve the notice will need to ensure that notice is properly served upon the receiving party in accordance with the lease, otherwise it may be in invalid. It may be that the party serving the notice will need to check the lease for where the notice should be served, i.e. at the registered address of the company or upon a certain director. The notice will also need to be served at the right time.

There may be conditions specified in the lease which must also be complied with and it is essential that these are undertaken, these could include that all the rent is paid and the property has been returned to the condition or layout it was at the start of the lease. The tenant must also understand that vacant possession means vacant possession and therefore on the final day they should ensure that nothing remains in the property whether its fixtures and fittings or subtenants and that all keys have been returned.

Disputed break clauses can be costly and litigious. At Hanne & Co we have experience of dealing with contested break clauses and can guide you through the litigation as well as liaising with the other party on a without prejudice basis in order to resolve matters without the need to go to court.