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Break notice checklist

Make it Legal™ Checklist

Here are a few important steps to take to finish your document

Read the Break Notice to make sure it meets your needs. Check that the landlord and tenant details, and also the property address in the notice are correct. 

Ensure that the original commercial lease includes a break clause that allows for ending the lease early before proceeding with this Break Notice. Also bare in mind that there may be a specific notice period you must stay in the property (ie 6 months) before you can serve the notice.

Remember that if you have any questions you can easily Ask a lawyer.

Signing online

  1. You can select to sign online using RocketSign.

Signing in print

  1. Print out two copies of the Notice.

  2. The commercial tenant must:

    1. Sign each copy next to ‘Signed’.

    2. Print the date of their signature next to ‘Dated’.

    3. Send both copies to the landlord.

  3. The commercial landlord must:

    1. Sign each copy next to ‘Signed’ under the ‘Countersigned by the landlord’ section.

    2. Print the date of their signature next to ‘Dated’.

    3. Keep one copy.

    4. Send the other copy back to the tenant.

The Break Notice will provide the leaving date either as a specific date or a date that can be calculated by referring to the original lease. This will usually be the date after the expiry of the Break Notice (eg a month after the Break Notice is deemed served). The Notice is only deemed served when the landlord is presumed (or ‘deemed’) to have received it, so you may need to allow extra time for delivery.

Send your Break Notice to your commercial landlord. You should send 2 copies of the Break Notice, one for each party. 

Check your commercial lease to see what it says about service. Unless otherwise specified, you can serve (ie deliver) your Notice by:

  • hand - make sure to hand it to your landlord personally or post it in the landlord’s postbox. Consider having a witness with you, who can confirm delivery of the Notice, or asking the landlord to acknowledge that they received the Notice

  • post - allow additional time for delivery (eg at least 3 working days for delivery when you use Royal Mail) when posting your Notice. Consider using a recorded delivery service, which allows your Notice to be tracked and gives you proof of postage

Each party should keep their own signed Break Notice. 

You should also keep a copy of the Notice alongside any proof of service. If you send the Break Notice by post, keep any proof of delivery. If you delivered the Notice by hand, ask your witness to sign a note of the time and date of posting. The witness must not be related to you, must have mental capacity and must not be under the age of 18.

A copy of your Break Notice will also be automatically stored in your Rocket Lawyer account ‘Dashboard’.

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