Why you need to follow the lease to the letter when serving a break notice
In our September/October 2013 update, we considered the High Court decision in Friends Life Ltd v Siemens Hearing Instruments Ltd. The High Court held that a break notice was effective, even though it didn’t comply with the requirements of the break clause in the lease. The Court of Appeal has now reversed this decision.
The break clause required written notice to be given to the landlord and was subject to notice timing and other pre-conditions for the exercise of the break. Unusually, the break clause also required that the tenant’s notice ‘must be expressed to be given under section 24(2) of the Landlord and Tenant Act 1954’.
Within the notice period specified in the break clause, the tenant served a notice on the landlord. The notice made reference to the break clause in the lease, but no reference was made in the notice to section 24(2) of the 1954 act. The landlord claimed that such an omission rendered the break notice ineffective…
Click on the link below to read the rest of the Wragge Lawrence Graham & Co briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
The Treasury has issued a consultation document that clearly signals its recognition of the value to the UK economy of the private funds sector (including private equity and real estate funds).
Without prejudice communications with a regulator; collateral benefit and negligence; and more.