The Break Clause Notice is a critical document used in Malaysian property leasing arrangements when either a tenant or landlord wishes to exercise their right to terminate a lease agreement before its natural expiry. This document must be prepared and served in accordance with Malaysian property law and the specific terms outlined in the original lease agreement. The notice typically includes essential details such as lease reference, break date, and confirmation of compliance with any pre-conditions. Under Malaysian jurisdiction, proper service of a Break Clause Notice is crucial for its validity, and the notice period must strictly adhere to the timeframes specified in the original lease. The document plays a vital role in commercial and residential property management, providing a formal mechanism for early lease termination while protecting the interests of all parties involved.
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1. Addressee Details: Full name and address of the recipient (usually the landlord or their authorized agent)
2. Lease Reference: Clear identification of the relevant lease including date, parties, and property address
3. Break Clause Reference: Specific reference to the break clause provision in the lease, including clause number
4. Notice of Exercise: Clear and unequivocal statement of intention to exercise the break clause
5. Break Date: Specific statement of the intended break date
6. Confirmation of Compliance: Statement confirming compliance with any pre-conditions specified in the break clause
1. Rent Payment Status: Include when there's a need to confirm that all rent payments are up to date as a condition of the break clause
2. Vacant Possession: Include when there's a specific requirement to confirm that vacant possession will be given
3. Property Condition: Include when there are specific requirements about the condition in which the property must be returned
4. Service Charge Reconciliation: Include when there are outstanding service charge matters to be addressed
5. Key Return Arrangements: Include when specific arrangements for returning keys need to be documented
1. Copy of Original Lease: Attached copy of the relevant lease agreement for reference
2. Evidence of Service: Proof of delivery or service of the notice
3. Schedule of Condition: If required, documentation of the property's condition
4. Payment Records: If relevant, evidence of up-to-date rent and other payments
5. Building Insurance: If required, proof of maintained insurance during the tenancy
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