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
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme