Valid break notice: Siemens Hearing Instruments v Friends Life

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By Kate Barry

In Siemens Hearing Instruments Ltd v Friends Life Ltd, the High Court has held that a break notice that failed to comply with the express provisions of the break clause was nonetheless valid.

The key lesson for landlords is to ensure that if you intend to make non-compliance with the terms of a break clause fatal, you must say so.

For tenants, not a great deal changes in practice: follow break clauses to the letter, just in case. But, if something goes awry, the language of the clause may just be flexible enough to rescue the break…

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