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A Break Notice is sent to a commercial landlord by a commercial tenant to request that the commercial lease be ended in accordance with the break clause in the lease. Break Notices should only be used where a lease allows a commercial tenant to end the agreement early.
For use in England and Wales only.
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Notice date:
Break Clause | Clause of the Lease; |
|---|---|
Break Date | The date for termination of the Lease calculated in accordance with the Break Clause, which states “”; |
| Lease | The lease of the Premises (as defined below) dated between You as Landlord and as Tenant(s); |
| Premises | , , , . |
Countersigned by the landlord
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This Break Notice template covers the:
commercial landlord’s details
commercial tenant’s details
break date
address of the premises
clause number of the break clause in the lease
You will need a Break Notice if your commercial lease has a break clause and you want to end the lease early (ie before the lease’s end date). Your Break Notice notifies your landlord of your intention to rely on the break clause and sets out when your commercial lease will come to an end.
Make sure you meet the necessary conditions when you want to end your lease using a break clause. Before making your Break Notice, check your commercial lease to make sure that you have the right to break, you've satisfied any conditions, and you're within the time limit to service a Break Notice.
By using this Break Notice, you ensure that you've taken all of the relevant steps to end your lease early under a break clause.
For more information, read Break clause notices.
This Break Notice template will define the break date by reference to the text of the break clause in the lease that sets out how a break date should be calculated. The actual date is not included. This ensures that no calculation errors can be made as, if this happens, the Break Notice could potentially be invalidated...
The Break Notice will provide the leaving date either as a specific date or a date that can be calculated by reference to the original lease. This will usually be the day after the expiry of the Break Notice (eg a month after the Break Notice is deemed to have been served). The Notice is only served when the landlord is presumed (or ‘deemed’) to have received it, so you may need to allow extra time for delivery.
Unless the commercial lease states that the Notice must be given as a deed, the Break Notice will be valid if it is signed by someone on behalf of the business. Who this is will depend on the commercial tenant’s legal structure. For example, if the commercial tenant is a sole trader, the sole trader themselves can sign the Notice. If the commercial tenant is a company, a director or other authorised officer can sign the Notice.
The Break Notice should be sent to the commercial landlord at the address in the lease and also to the registered address (eg office), if the landlord is a company. It should be sent in duplicate (ie 2 copies should be sent) so that the landlord can sign both copies and return one copy by way of receipt.
Unless the lease states that a particular method of service is required, the Notice will be valid if it is delivered by hand or sent by post. If using the post, it should be sent by recorded delivery. If the Break Notice is delivered by hand, obtain a written note of delivery from the person it was handed to or deliver it in the presence of a witness.
Making a Break Notice online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Break Notice, you will need the following information:
Party details
What are the details of the landlord (eg their legal structure, name and address)?
If the landlord is a partnership, LLP or company, who will sign the Notice on its behalf?
What are the details of the tenant (eg their legal structure, name and address)?
If the tenant is a partnership, LLP or company, who will sign the Notice on its behalf?
Commercial lease
What is the address of the leased property?
On what date was the lease granted?
Is the current tenant the tenant in the original lease?
If not, what is the original tenant’s name?
Is the current landlord the landlord in the original lease?
If not, what is the original landlord’s name?
Break
What is the clause number of the break clause in the lease?
How does the break clause say the break date should be calculated?
Notice
On what date will the Notice be sent?
Break Notices allow commercial tenants to end their commercial leases early. To do this, this Break Notice covers:
Commercial landlord and tenant details
The start of the Break Notice provides the details of the commercial landlord (to whom the Notice is being sent) and the commercial tenant (who is giving the Notice). It also sets out the date on which the Break Notice is sent.
Meanings
This section provides the meanings of certain defined terms used throughout the Break Notice. Examples include ‘Break Clause’, ‘Break Date’ and ‘Premises’.
This section also covers the tenant’s giving notice to their landlord under their commercial lease and sets out that the tenant will give up possession of the premises after the expiry of the notice period (ie after the Break Date).
Signatures
Both parties must sign the Break Notice. The tenant should sign the Break Notice and their landlord should countersign the Notice.
If you want your Break Notice to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Break Notice for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Remember to check your lease
Before making or sending a Break Notice, you must thoroughly read and check your original commercial lease. Make sure that, under the lease, you have the right to end the lease early. Check whether any conditions apply and how much notice you must give. You should comply with all requirements set out in your lease. If you fail to do this, your Break Notice may not be valid and you will remain liable under your lease.
For more information, read Break clause notices.
Consider alternatives to using a Break Notice
If your lease does not contain a break clause, or you cannot or do not wish to rely on the break clause, you may be able to end your commercial lease in other ways. For example, consider speaking to your landlord about surrendering the lease. This involves giving up possession of the premises with the landlord’s consent. For more information, read How to terminate commercial leases.
Understand when to seek advice from a lawyer
Ask a lawyer for advice:
on ending a lease without a break clause
if a lease has outstanding conditions attached to ending it
in instances when you are outside the time limit specified in the lease for serving the Notice
on a Break Notice for a residential tenancy
