We all know that great care must be taken when exercising a break clause. Any pre-condition must be strictly complied with. In practice, that is often not the case (and there are many reported cases of solicitors referring to the wrong parties, or the wrong dates). So, a reminder of the main pitfalls:

When acting for T:

check who is required to serve the notice. Is there more than one T? Is the break personal to the original T?

check the identity of the current L. Check official copies of L’s title, and also the most recent rent demand. Check Companies House in case of a name change since the date of the official copies;

check the break date, and whether notice is required;

are there any specific requirements in the lease as to the method of service?

are there any specific pre-conditions that must be complied with? Make sure the client appreciates the need to pay rent up-to-date. Recommend the client gets professional advice about the extent and timing of repair works.

If acting for L, do not acknowledge receipt of T’s notice until you have checked:

was the notice served in time and in the correct manner?

are the correct parties named in the notice?

are there any other apparent defects in the notice?

remember there is no duty to cooperate with T’s request for confirmation that any pre-conditions are being satisfied.

For a useful introduction see [2010] 245 PLJ 6.