Break Notices - A Comprehensive Guide for Property Lawyers in Scotland
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
2:00pm - 5:15pm
Please let us know if you wish to be notified when new dates are added for this programme