Breaking the serve: effects of non-compliance on break notices

The High Court has held that while a break notice did not comply with all the requirements set out in the lease, this did not invalidate the notice.

The decision provides some assistance to those who have served a notice that failed to comply with a contractual or statutory requirement where the error had no real effect on the other party.

The tenant held a 25-year lease of business premises. The tenant could determine the term pursuant to a break clause (subject to certain pre-conditions) as follows: by giving the landlord six to 12 months’ written notice; and on the basis that such notice ‘must be expressed to be given under section 24(2) of the Landlord and Tenant Act 1954’…

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