CPD Hours Level
Seminar 3 IntermediateInformation
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The service of a break notice under a commercial lease in Scotland has always been an area that is rife with litigation. The consequences of incorrect or defective service are nothing short of catastrophic and could result in a significant claim against the tenant’s solicitor amounting to rent payable for the rest of the duration of the lease plus utilities and other sums payable during the term.

This 3-hour course will deliver a practical and comprehensive guide to successful service of a break notice and will not only assist you with successfully terminating the lease prior to its natural expiry but it will also let you ensure that, when you are negotiating a new lease, you will build in the necessary safeguards and wording to ensure the break can be exercised in a clear and timely manner.

What You Will Learn

This course will cover the following:

  • The lease and its requirements - delivery, timescales, notice - and whether prescriptive or not
  • The party to serve the notice on - and what recent Scottish case law confirms is fatal to the notice
  • Questions of content - what do you need to say and what should you avoid in your break notice
  • What errors are fatal to the notice itself?
  • What happens with advance rental accrued beyond the break date and how can you ensure this is repaid?
  • A look at some of the leading cases on conditional break options - and how to strike a balance between reasonable conditions on the one hand and conditions that could unreasonably and disproportionately render the break notice ineffective on the other

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Seminar | 14.10.2019

Glasgow | 2:00pm - 5:15pm

Break Notices - A Comprehensive Guide for Property Lawyers in Scotland

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2:00pm - 5:15pm
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Discounts are available for multiple places and if you have 5 or more people interested in this course and would like to discuss holding it in your area or on an in-house basis then please email us at information@mblseminars.com
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