Tenant’s Notice to Exercise a Break Option

Tenant’s Letter Exercising a Break Option

PROP.RES.55
This Tenant’s Letter Exercising a Break Option should be used by a tenant who wishes to terminate a residential tenancy agreement by exercising an early termination right, also known as a break option. Not all tenancy agreements contain a tenant’s break option.

You should check the tenancy agreement carefully to verify that a break option is included. The terms of the break option must be observed, e.g. by giving the correct amount of notice.

The Letter should be served on the landlord by the method (or one of the methods) specified in the tenancy agreement. There is often a “Notices” clause which will stipulate where and how notices should be served. Subject to what the tenancy agreement says, delivery by hand or by recorded delivery will probably be safest.

Remember that the notice period begins from the time the landlord receives the Letter, not when the Letter was posted. Do not leave it until the last minute to post the Letter. For example, if the tenancy can be terminated on 28 January by giving 2 months’ notice, the Letter must reach the landlord by 28 November. It should therefore be posted well in advance of this date, e.g. on 25 November.

The Letter asks the landlord to acknowledge receipt of the letter by signing a
duplicate and returning it to the tenant. A stamped addressed envelope can be enclosed. It is not essential for the landlord to acknowledge receipt of the Letter, but it is helpful for the tenant to know that the Letter has been received.

This Tenant’s Letter Exercising a Break Option is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

Once you have purchased access to the appropriate document folder click on the “Download Document” button below. You will be asked what you want to do with the file. It is recommended that you save the document to a location of your choice prior to viewing.
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