Property update — January 2014: break notice

A case mentioned in Wragge & Co’s September/October alert is, unsurprisingly, heading for the appeal court.

The case of Siemens Hearing Instruments Ltd v Friends Life Ltd is due to be heard by the Court of Appeal in late March 2014. As you may recall from the piece in the September-October 2013 alert, the case centres on whether a tenant had served a valid break notice under its lease.

At first instance, the High Court acknowledged that the tenant’s notice did not strictly comply with the requirements laid out in the lease for a valid notice: it failed to state something in the notice that the break clause specifically required. Based on case law to date, the tenant’s notice would therefore have been invalid, and would not have succeeded in bringing the lease to an early end. However, the court went on to find that the tenant had in fact served an effective break notice, despite this…

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