How to Use This Checklist
Click each checkbox to mark items as complete. Your progress is automatically saved to your browser. Use this checklist to:
✅ Three Ways to Use This Tool
1. Prepare break clause notices: Ensure your notice meets all legal requirements for exercising a commercial lease break clause
2. Verify notice compliance: Check your drafted notice against all 28 essential compliance points
3. Understand service requirements: Learn proper service methods, timings, and proof of delivery requirements
⚠️ Critical Break Clause Requirements
📋 Legal Validity: Break clause notices must be in writing, served according to the lease's Notices clause, and give the exact notice period specified in the lease. Invalid notices cannot terminate the lease.
⏰ Timing is Everything: The notice period typically runs from when notice is RECEIVED (not posted). Missing the break date means waiting another lease term. Courts strictly enforce break clause compliance.
📮 Proof of Service: Always use Recorded Delivery or obtain signed receipt. Without proof of proper service, landlords can claim the notice was never received. Keep tracking receipts for 6+ years.
⚠️ Common Pitfalls: Wrong notice period, incorrect termination date, improper service method, missing lease reference, failure to meet preconditions (e.g., rent arrears), serving to wrong party/address
⚠️ Understanding Importance Levels
🔴 Critical: Must have - without these, your break notice is legally invalid and won't terminate the lease
🟡 Important: Should have - best practice for enforceability and avoiding disputes
🔵 Recommended: Nice to have - enhances professionalism and provides additional protection
Your Full Legal Name or Company Name
The party exercising the break clause. For individuals: full name as it appears in the lease. For companies: registered company name exactly as shown at Companies House. Critical for identifying who is serving notice.
🔴 Critical
Your Current Address
Your full postal address. This is the address where the recipient can send any response or legal correspondence. Must be accurate for any counter-notices or disputes.
🔴 Critical
Your Contact Email
Optional but recommended. Provides an additional communication channel for acknowledgment of receipt, queries, or final account matters. Useful for documenting all correspondence.
🔵 Recommended
Your Contact Phone Number
Optional but recommended. Allows immediate contact for urgent matters, service acknowledgment, or coordination of premises handover. Best practice for professional notices.
🔵 Recommended
Recipient's Full Name or Company Name
The other party to the lease (landlord if you're tenant, or tenant if you're landlord). Must match the lease exactly. For companies, use registered name. Incorrect recipient can invalidate the notice.
🔴 Critical
Recipient's Role
Whether recipient is Landlord/Lessor, Tenant/Lessee, Managing Agent, or Property Manager. Clarifies capacity in which they're receiving the notice. Important if there are multiple parties or agents involved.
🟡 Important
Recipient's Address for Service
The address specified in the lease's "Notices" clause for serving legal notices. NOT necessarily their trading address. Check your lease - this is typically registered office for companies or specified service address. Wrong address = invalid notice.
🔴 Critical
Premises Address
The full address of the commercial property subject to the lease. Must match the lease exactly including unit numbers, building names, and postcodes. Incorrect property address can invalidate the notice.
🔴 Critical
Lease Commencement Date
The date the commercial lease began. Helps identify the specific lease if there have been multiple agreements or renewals. Important for calculating continuous occupation and any break clause preconditions.
🟡 Important
Annual Rent Amount (Optional)
The current annual rent being paid under the lease. Not legally required but adds clarity and helps identify the lease. Useful for calculating any pro-rata rent refunds on termination date.
🔵 Recommended
⚡
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Notice Date (Today's Date)
The date you are serving this break notice. This is typically today's date. Critical because the notice period runs from this date (or receipt date if different). Must be clearly stated on the notice.
🔴 Critical
Notice Period Required by Lease
The notice period specified in your lease's break clause (commonly 3, 6, or 12 months for commercial leases). Check your lease carefully - giving too short a notice period makes it invalid. Too long is acceptable but wastes time/money.
🔴 Critical
Calculated Termination Date
The date the lease will terminate: notice date + notice period. This must align with any break date restrictions in your lease (e.g., "only exercisable on 3rd/5th anniversary"). Wrong termination date = invalid notice. Courts are strict on this.
🔴 Critical
Break Clause Reference (Clause Number)
Optional but recommended. The specific clause number or section in the lease that contains the break clause provisions (e.g., "Clause 5.3" or "Schedule 2, Part B"). Helps recipient quickly verify your entitlement to break.
🔵 Recommended
Confirmation of Lease Compliance
Statement that you have complied with all lease obligations and preconditions to exercising the break (no rent arrears, no material breaches, repairs up to date). Some break clauses are conditional - failure to comply means notice is invalid.
🔴 Critical
Statement of Intent to Exercise Break
Clear, unambiguous statement that you are exercising the break clause and terminating the lease. Use precise language: "I/We hereby give notice to terminate the Lease" or "I/We exercise the break clause". No conditional language.
🔴 Critical
Reason for Termination (Optional)
You are NOT legally required to give a reason for exercising a break clause. However, including a brief professional reason can help maintain relationships and avoid suspicion (e.g., "business relocation", "downsizing operations", "premises no longer suitable").
🔵 Recommended
Forwarding Address for Correspondence
Optional but recommended. Provide a forwarding address for final correspondence, return of rent deposit (if held), dilapidations discussions, or final account matters. Demonstrates professionalism and facilitates smooth exit.
🔵 Recommended
Lease's "Notices" Clause Requirements
Review your lease's "Notices" or "Service" clause. It specifies HOW notices must be served: Recorded Delivery, hand delivery, email (rarely), or solicitor. You MUST follow these requirements exactly or the notice is invalid. Don't assume - check your lease.
🔴 Critical
Service Method Selection
Choose appropriate service method: Recorded Delivery (most common), hand delivery with signed receipt, email (only if lease permits), via solicitor (recommended for high-value leases), or multiple methods for security ("belt and braces" approach).
🔴 Critical
Service to Correct Address
Serve to the address specified in the lease's Notices clause - NOT the premises address or trading address. For companies, this is usually the registered office. Serving to wrong address can invalidate the notice.
🔴 Critical
Proof of Service/Delivery
Obtain and keep proof of delivery: Royal Mail tracking receipt for Recorded Delivery, signed receipt for hand delivery, email delivery receipt if permitted. This is your evidence if the recipient later claims they didn't receive notice. Keep for 6+ years.
🔴 Critical
Timing of Service
Serve notice well in advance of the deadline. Account for: postal delays, recipient being closed/away, potential disputes. Notice period typically runs from RECEIPT, not posting. Best practice: serve 1-2 weeks early to allow for delivery issues.
🟡 Important
Solicitor Service (High-Value Leases)
For high-value commercial leases, long-term leases, or complex break clauses, strongly consider having a solicitor serve the notice. They'll ensure compliance with all legal requirements and provide professional proof of service. Worth the cost for certainty.
🔵 Recommended
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Written Notice Requirement
Break clause notice MUST be in writing. Verbal notice is invalid. Email may be acceptable if your lease's Notices clause permits electronic service - check carefully. Print and sign for maximum certainty. Law of Property Act 1925 s.196 applies.
🔴 Critical
Signature Block
Notice must be signed by the party exercising the break or their authorized representative. For individuals: personal signature. For companies: director or authorized signatory with printed name and position. Electronic signatures acceptable if lease permits.
🔴 Critical
Date of Notice
Clearly state the date the notice is signed and served. This is the start date for calculating the notice period (unless the lease specifies receipt date). Undated notices can create disputes about when notice began.
🔴 Critical
Company Authority (if applicable)
If serving as a company, ensure the signatory has authority: director, company secretary, or person with delegated authority. Include their position/title. Unauthorized signatories can make the notice invalid. Board resolution may be required for major decisions.
🟡 Important
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Next Steps
Now that you've reviewed the compliance checklist, you have three options:
✅ Use Our Ready-Made Template (Recommended)
Save hours of legal research and drafting. Our professionally-crafted break clause notice covers all 28 compliance points with legally-sound wording. It includes automatic notice period calculations, proper service instructions, and compliance with commercial property law. Available in both Interview Mode (guided) and Editor Mode (direct editing) for just £10.
📝 Draft Your Own Notice
Use this checklist as your guide, but remember: break clause notices are highly technical. Wrong notice period, incorrect termination date, improper service, or failure to meet lease preconditions can invalidate the notice. A single error means you remain bound by the lease for another term - potentially costing thousands in unnecessary rent.
⚖️ Book a Legal Consultation
For high-value commercial leases, complex break clause provisions, or if you're unsure about lease preconditions, consider booking a consultation with our commercial property law professionals for personalized advice tailored to your specific lease.
Need personalized legal advice? Book a consultation →