Notice of Termination

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What is it?

A Notice of Termination is a document used to terminate a lease or tenancy in accordance with a break clause. The break clause is a provision in the lease or tenancy agreement which enables either the landlord or the tenant (or both) to terminate the lease or tenancy early. The break clause may arise on one or more specified dates or be exercisable during any time during the term on a rolling basis.

This document can be used to terminate or determine the lease. A printed copy of the Notice of Termination should be signed and delivered.

Why do you need it?

When you are in a lease, you can use a Notice of Termination to give official notice to the other party that you are terminating the lease or tenancy.

You should only use this Notice of Termination if you have checked the lease or tenancy to confirm that you have the right to break. You should also check if you have satisfied any conditions and are within the time limit to service a break notice. This Notice of Termination will ensure you have fulfilled all conditions when a lease or tenancy is terminated under a break clause.

When you are serving a Notice of Termination, you should take note of a few key points:

  • The notice should normally be served on the registered owner or registered tenant of the property;
  • If the person who makes the rent demands or who pays rent is different from the above, the notice should still be served on that person but a second notice can be served on any third party;
  • If there is any uncertainty about who the landlord or tenant is, notice should be served on the presumed person and a second notice served on any third party;
  • If the lease or tenancy prescribes an address for service of notices, the original notice must be served at this address. Copies of the notice may also be sent to any other address on file.
  • The lease or tenancy may also prescribe a method of service. This must be followed.

Key clauses to watch for:

When drafting a Notice of Termination, it is important to focus on a number of key clauses, in particular:

  • Break date;
  • Address of the premises;
  • Clause number of the break clause in the lease or tenancy agreement; and
  • Check carefully the provisions for a service of the Notice of Termination. The lease or tenancy may have a very specific mechanism for how the notice is delivered and to whom.

Notice of Termination Document

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