Break Notices

Service of a break notice arises when either a landlord or tenant wish to terminate their lease early. The right to break is governed by the ‘break clause’ contained in the lease, but not all leases have them. Failure to comply with any break clause conditions will mean the break notice is not effective and the lease will continue, which can have serious financial consequences for tenants.

We can help by:

  1. Advise about the efficacy of any break clause conditions and how to comply with them, including timing issues
  2. Formally serve a break notice
  3. Where a notice has been served, advise as to whether the conditions have been met and the break properly exercised.
  4. Enter into communications with an opposing party to conclude ancillary matters relating to the lease and the break notice.
  5. Advise a client served with a break notice about whether it is valid or not. If a notice is invalid, we can advise as to enforcement options such as issuing court proceedings.

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