Details Make All the Difference

For tenants wishing to exercise their right to break their lease, a recent case serves as a reminder of the importance of getting the details right.

Most leases contain clauses outlining the covenants which have to be complied with by the tenant and a clause which requires these to be fully adhered to in order for a notice to break the lease to be valid. Normally, that is the hard part - but there is another aspect of compliance which must not be forgotten: giving notice as specified in the lease.

In the case in point, information industry giant Reuters was ruled to have failed to give its landlord a valid notice of its intention to break its lease, despite having sent two letters by ordinary post and two faxes to the landlord at the appropriate time. The reason was that the lease stipulated that unless the notice was acknowledged, it had to be given by hand or sent by registered post or recorded delivery. The notices were not acknowledged. The Court of Appeal had no hesitation in ruling that the break notices were therefore not valid.

Aston Bond says, "In this instance, the tenant was faced with considerable additional expense - including court costs - because it failed to take sufficient care to give a valid notice. We can assist you to make sure that such a fate does not befall you."

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