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Break notice checklist

Make it Legalâ„¢ 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 tenancy agreement 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 (i.e 6 months) before you can serve the notice.

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

  1. Print out two copies of the notice.

  2. The tenant must

    1. sign each copy next to "Signed"

    2. print the date of their signature next to "Dated", and

    3. send both copies to the landlord

  3. The 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, and

    4. send the other copy back to the tenant

When will the tenant leave the property?

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.

  • By post: Allow at least three working days for delivery when you use Royal Mail to post your notice.

  • By hand: Posting the notice into the postbox of the landlord's property yourself gives you the security of knowing when the notice gets to the landlord and removes uncertainty about the method of posting. You can take someone with you to witness you've done this.

Keep a copy of the notice and proof of service:

  • By post: Use a recorded delivery service if you are posting the notice by mail, which allows your letter to be tracked and gives you proof of postage.

  • By hand: If you have posted the notice through the letterbox, you can 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.

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