The break clause may specify the precise form in which the notice must be served and impose specific requirements as to the method of service. A failure to adhere to mandatory requirements will invalidate the notice.
Tips:
The option to break may arise on one or more specified dates or be exercisable at any time after a specific period of time has elapsed on a “rolling” basis.
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The test of vacant possession is more than just about giving up occupation. It means ensuring that all chattels and goods belonging to the tenant are removed, tenant’s fixtures are removed where required by the lease or supplemental documents, keys are returned and no persons of the tenant, are in occupation on the break clause date. In short, the tenant must not do anything that suggests that he is continuing to use the property for himself.
Tips:
Arthuronline makes serving a notice very simple whether on the web or Mobile App