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Notices

This page deals with various matters relating to the effectiveness of break clause notices.


Acknowledgement of notice required

Orchard (Developments) Holdings Plc v Reuters Ltd
[2009] EWCA Civ 6

Where a lease provided that a break notice would only be valid where the landlord acknowledges receipt, the notice only became valid when the acknowledgement was made. An acknowledgement made after the break date was therefore too late for the notice to be effective.

Defects in the notice

Dates

Trafford Metropolitan BC v Total Fitness UK Ltd
[2002] EWCA Civ 1513


Facts

Lease of a car park with a break clause allowing L to terminate on giving two weeks notice. Three different notices given. The relevant one for the purposes of the reported case was served on 8 October 2001 and was expressed to give 17 days notice but also stated for the avoidance of doubt that the date for closure of the car park was midnight on 24 October 2001. If one were to count the days applying the usual rule (derived from Lester v Garland (1808)), that the notice period specified in the notice runs from the day after the notice was served, the notice expired a ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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