MH Real Estate

Friday 4th October, 2013

Break Notices

It is a basic rule that any contractual or statutory requirement for the service of notices, must be strictly complied with. This is particularly important for a tenant wishing to exercise a break notice. In fact, it has been stated in case law that “if the [notice] clause had said that the notice had to be on blue paper, it would have been no good serving a notice on pink paper, however clear it might have been that the tenant wanted to terminate the lease.” Failure to effectively exercise a break can have a disastrous impact upon a tenant, with continuing liabilities to pay the rent, service charge and other outgoings on a property which the tenant no longer wishes to occupy. The effects are worse still if the tenant has moved into alternative premises.