Break Clause Notices - Conditions Form and Service

Course Overview

A break clause is an option and the requirements as to the content of the notice, the persons by and on whom it is served and the method of service of the notice will be strictly construed and must be strictly complied with, regardless of whether strict compliance is of any real benefit to the other party.

During this webinar, Richard Quenby will consider the typical conditions which are attached to the exercise of a break right by a tenant and how a landlord’s break right will typically require the landlord to have a ‘wish’ or an ‘intention’ to redevelop the property.

In addition, the following topics will also be considered:

·         Absolute pre-conditions

·         Qualified pre-conditions

·         Waiving compliance with a pre-condition

·         Professional negligence

·         Content and service - the relevance of Mannai  

·         Who should serve and be served?

·         The method of serving the notice

·         Waiver and estoppel