A lucky break?
Shoosmiths has reported that, in Siemens Hearing Instruments Limited v Friends Life Limited, the High Court has held that a break notice which failed to comply with the express provisions of the break clause was nonetheless valid. The key lesson for landlords is to ensure that, if you intend to make non-compliance with the terms of a break clause fatal, you must say so. From the tenants point of view, not a great deal has changed. It is essential to follow break clauses to the letter but, if something goes awry, the language of the clause may just be flexible enough to rescue the break.
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