Getting your notices right is crucial to protecting your business interests and is particularly important when considering the provisions of leases. Getting it wrong can have serious consequences for your business. Here, Eleanor Longworth explains.
Leases often contain specific procedures for the exercise of various rights, which govern when, on whom, to where, and sometimes on what colour paper a notice should be served.
There may also be specific statutory provisions which you also need to follow for your notice to be valid.
Get the names right; including your own
It is surprisingly common for notices to be rendered invalid by reason of a party getting the name of the tenant, or even its own name wrong. Incorrect spellings can render a notice defective because it will not have been given by or served on the correct party.
Use the correct address
The addresses inserted into leases are often outdated. You should do your research to ensure that you have the most up to date details, however, beware. Some leases provide for service at a particular address and failure to do what the lease says can render your notice invalid.
Use the correct procedure
Leases and statute often dictate the procedure that you must follow for service and what conditions need to be satisfied in order for the notice to be effective.
Make sure you have your form right
Leases and statute may also set out the information that must be contained in the notice in order for it to be valid. Failure to include the correct wording can also render your notice invalid.
If you do not exercise your rights in accordance with the provisions of both the lease and any relevant statute, you may be stuck with a lease that does not work for you or your business.
WHN has specialists in this area who have the expertise to ensure that your notices are right. We assist clients when exercising break notices, serving notices to reinstate, schedules of dilapidations and various statutory notices, such as those requesting or terminating leases with the benefit of security of tenure.
For further advice on ending a tenancy, call Eleanor Longworth on 0161 761 8082, or email her at eleanor.longworth@whnsolicitors.co.uk
