Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Thursday 17 March 2011

 

Landlords beware: Tenants can terminate their lease by email

The Tenant sought to terminate its commercial lease by exercising the lease’s break option after 5 years. Under the lease, the tenant had to gave six months' written notice served by special delivery post or by hand on the Landlord to terminate the lease.



Six month before the expiry of the term the Tenant sent an email to the Landlord’s agent notifying the Landlord of his intention to exercise the break option and to terminate the lease. The Landlord’s agent accepted the email. Later the Landlord disputed the validity of the notice as it did not comply with the provisions of the lease.



The judge ruled that despite service defects, the Tenant’s termination of the lease by email was valid and effective because the Landlord accepted the email and the Tenant relied on the Landlord’s acceptance of the email.

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Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).