Have you successfully transitioned from working in a rented office space to working from home. Do you want the improved work-life balance to continue post the Coronavirus pandemic? Well it might be time to exercise the break clause in your commercial lease.
Before serving the break notice, one must review the provisions of the break clause contained within the lease carefully. You should follow the wording of the Lease exactly. As described by Lord Hoffman in the case of Mannai Investment Company Limited v Eagle Star Assurance Company Limited [1997] UKHL 19, “If the clause had said that the notice had to be on blue paper, it would have been no good serving a notice on pink paper, however clear it might have been that the tenant wanted to terminate the lease”.
You should also check when the break date is, who the legal owner of the tenant’s interest and the Landlord’s identity. It is prudent to obtain official copies from the Land Registry to confirm who the legal owners are and what their registered address are. You should also check whether there are any conditions attached to the right to exercise the break for example, that there must be no rent arrears owed to the landlord at the time of serving the notice.
When serving the notice, once again you must follow the service requirements set out in the lease. These will often require you to leave the notice at or send by registered or recorded delivery post to the last known place or places of abode, or if a limited company then left at or sent to its registered office. You must also ensure that you allow sufficient time for ‘service’ or in other words for the letter to be posted which is 2 days.
Ask your Landlord to acknowledge receipt and inform you if they consider the notice to be invalid.
As demonstrated, this is a complex exercise so you may wish to instruct a solicitor in order to provide you with advice and serve a valid notice in order to bring your lease to an end.
Tadley Office
Sherfield House, Mulfords Hill, Tadley
Hants RG26 3XJ
Tel: 0118 981 2992
EMAIL: info-tadley@rowberrymorrise.co.uk
FREE car park at rear of office
Reading Office
17 Castle Street, Reading,
Berks RG1 7SB
TEL: 0118 958 5611
EMAIL: info-reading@rowberrymorris.co.uk
Offices also at Richmond and Staines