LEGAL NOTICE OF RENT DEFAULT — COMMERCIAL PREMISES

A demand for payment of rent and other sums in arrears under the Lease. This notice does not terminate the tenancy.

Date: __________

TO:
__________, __________
__________

FROM:
__________, __________
__________

Dear Sir / Madam,

1. THE PARTIES AND THE LEASE

1.1 __________ ("the Landlord") is entitled to receive the rent of the premises described in Clause 2 ("the Premises").

1.3 This notice is a demand for payment of sums due under the Lease. It does not terminate the Lease or the tenancy, and it is not a notice to quit or a notice of termination — a demand for payment and a notice ending a tenancy are different instruments serving different purposes, and this one is confined to the first.

2. THE PREMISES

3. RENT AND THE ARREARS

4. INTEREST AND LATE-PAYMENT CHARGES

5. THE TOTAL SUM DEMANDED

6. THE DEMAND FOR PAYMENT

7. IF PAYMENT IS NOT MADE

7.2 If the Tenant fails to pay the whole of the sum demanded within the period stated in Clause 6.1, the Landlord reserves the right, without further notice beyond what the law or the Lease requires, to: (a) terminate the Lease and call upon the Tenant to deliver vacant possession of the Premises, by a separate notice given for that purpose; (b) institute proceedings, before whichever court or authority has jurisdiction, for recovery of the arrears, interest and costs, and for possession of the Premises; and (c) pursue any other right or remedy available under the Lease, under the Transfer of Property Act, 1882, under the rent law referred to in Clause 7.1, or otherwise in law.

7.3 This notice is confined to a demand for payment. It does not terminate the Lease or the tenancy, does not determine the tenancy under Section 106 or Section 111 of the Transfer of Property Act, 1882, and is not a notice to quit; nothing in this notice is to be read as doing so. The rights reserved in Clause 7.2 are cumulative and without prejudice to one another.

8. NO WAIVER

8.1 Nothing in this notice, no acceptance of any part payment by the Landlord, and no forbearance or delay on the Landlord's part shall amount to a waiver of this notice, of any breach of the Lease by the Tenant, or of any right or remedy of the Landlord, unless the Landlord agrees otherwise in a writing signed by or on behalf of the Landlord and expressly referring to this notice.

9. SERVICE OF THIS NOTICE

11. REPLY

Yours faithfully,

ACKNOWLEDGEMENT OF RECEIPT (for use where this notice is delivered by hand)

Received a copy of the above notice dated __________ for and on behalf of __________.

Name: _________________ Designation: _________________

Signature: _________________ Date: ____________