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Landlord’s Notice to Terminate – forewarned is forearmed

10th February 2021

Landlord’s Notice to Terminate – forewarned is forearmed

As mentioned previously, the terms of the CVA will usually dictate the basis upon which a Landlord’s right to terminate its lease will arise and how this is to be affected.

Below is a list of key questions to be considered before a Notice to Terminate is served:

  1. Do you have the right to terminate the lease?
  2. Are there any time restrictions on when termination can be affected?
  3. What is the notice period to be given?
  4. What information should be included in the Notice?
  5. How and upon whom should the Notice be served?
  6. What are the consequences of serving a Notice to Terminate?
  7. How does the lease come to an end and what do you and/or the tenant need to do to affect this?
  8. What happens if the tenant does not leave?

Determining the answers to these questions will require a methodical scrutiny of the CVA which to many will be a minefield of terms and definitions. However, establishing the answers and understanding the provisions of the CVA early on will be imperative to the termination being successful.

CVAs come in all shapes and sizes and Reanne Upton, a Property Litigator in our Dispute Resolution team is experienced in dealing with these.

Reanne comments:

“Since Covid-19 more and more companies are turning to CVAs as a means of surviving the pandemic. As such there has been a notable increase in Landlords looking to terminate leases captured by an unfavourable CVA.”

 

Reanne is experienced in drafting and serving Notices to Terminate under the provisions of CVAs and can be contacted on 01384 327 164.  

 

 

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