Break notices in commercial leases: drafting, compliance and case law

This webinar will provide an in-depth understanding of break notices in commercial leases, how they should be drafted and served, the distinction between conditional and unconditional breaks, and key case law that impacts enforcement.

Topics include:

What is a break notice?

• Definition and purpose
• Key lease provisions to consider

Conditional vs. unconditional breaks

• Common conditions
• Pitfalls and risk of invalid breaks
• Landlord challenges to break notices

Drafting and serving a break notice

• Key considerations: wording, timing and method of service
• Common drafting errors and how to avoid them
• Service provisions and importance of lease review

Key case law and lessons learned

• Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd (1997) – The importance of precise wording
• Avocet Industrial Estates LLP v Merol Ltd (2011) – Strict compliance with conditions
• Capitol Park Leeds plc v Global Radio Services Ltd (2021) – Vacant possession issues
• Siemens Hearing Instruments Ltd v Friends Life Ltd (2014) – The impact of unpaid sums on break validity
• Recent updates