Break Notices in Commercial Leases: Drafting, Compliance & Case Law

This webinar will explore the legal and practical considerations involved in exercising a break notice in a commercial lease. We will examine the difference between conditional and unconditional break clauses, highlight common drafting and service pitfalls, and review key case law shaping the courts’ approach. The session will provide practical guidance to help minimise risk and avoid costly disputes when seeking to terminate a lease early.

What is a break notice?

The contractual right allowing a party to terminate a lease early in accordance with its terms.

Key Lease Provisions to Consider

Break date(s) and required notice period
Service provisions (how and where notice must be served)
Any conditions attached to the exercise of the break

Conditional vs. Unconditional Breaks:

Common Conditions
Pitfalls and Risk of Invalid Breaks
Landlord Challenges to Break Notices

Drafting and Serving a Break Notice

Key Considerations
Common Drafting Errors and How to Avoid Them
Service Provisions and the Importance of Lease Review

Key Case Law & Lessons Learned

Mannai Investment Co Ltd v Eagle Star Assurance Co Ltd (1997)
Avocet Industrial Estates LLP v Merol Ltd (2011)
Capitol Park Leeds plc v Global Radio Services Ltd (2021)
Siemens Hearing Instruments Ltd v Friends Life Ltd (2014)
Recent updates on case law

Who this is for:

This webinar is designed for property lawyers involved in the management or termination of commercial leases.

Level of expertise:

All Levels – this can be picked up throughout anyone’s professional career regardless of experience.

CPD hours:

This webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning Objectives:

To provide an in-depth understanding of break notices in commercial leases, how they should be drafted and served, the distinction between conditional and unconditional breaks, and key case law that impacts enforcement.