FAQ - Tenants
How do I serve a break notice?
The requirements for the service of the break notice will be contained within the lease. The obligations must be carefully checked to ensure compliance. The lease will provide details of how the break notice must be sent to ensure effective service i.e. there may be a requirement to send the notice by registered post or by personal service.
What happens if I do not serve the break notice by the date given in the lease?
The break clause will often set out a “break date”. This is the date on which the lease will terminate if the notice is properly served. Often, the break clause will stipulate that the notice must be served in writing within a certain period before the break date (i.e. not less than six months before the break date).
If the notice is not deemed to be served by this date, the effect is that you will have missed your opportunity to terminate the lease early. The lease will, therefore, continue either until the next break date (if there is one and you comply the conditions of the break notice and serve the relevant notice) or until the expiry of the term.
What happens if the break notice is not correctly served or I do not comply with the conditions?
The effect if the break notice is incorrectly served (this includes serving it at the wrong address or on the wrong entity) or you fail to comply with any conditions is that the lease will continue. You would, therefore, remain liable to observe and perform the obligations and covenants contained within the lease.
What if I fail to give vacant possession of the property by the break date?
One of the most common conditions of the break clause is to provide vacant possession.
Vacant possession generally refers to an obligation to ensure that the property is in a state fit to be occupied at a given time. Therefore, if there are a significant number of possessions in the property, this could prevent vacant possession being given. This may mean that the conditions have not been complied with and the break being ineffective. If you have any concerns about how to provide vacant possession then we can provide you with further information.