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Sent by email only:
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Dear Sir/Madam,
RE: Notice of Breach of ________ ("the Contract") dated ________ between ________ and ________
§1. Introduction
1.1. We refer to the above-named Contract, to which you and we are parties. This notice is served by ________ ("the Innocent Party") upon ________ ("the Defaulting Party").
1.2. This notice is given pursuant to the terms of the Contract and at common law, and constitutes a formal Notice of Breach.
1.3. Capitalised terms used in this notice shall, unless the context otherwise requires, have the meanings given to them in the Contract.
§2. Particulars of Breach
2.1. The Defaulting Party has failed to pay the sum of £________ (________) which fell due on ________ and which, at the date of this notice, remains outstanding and is overdue by ________ days.
2.2. The obligation to make the said payment arises under the following provision(s) of the Contract: ________.
2.3. Take notice that the said failure constitutes a breach of a condition and/or a fundamental term of the Contract.
2.4. Enclosed with this notice is a Letter of Demand setting out the full particulars of the debt, which should be read together with this notice.
§3. Interest
3.1. Interest has accrued and continues to accrue on the outstanding sum at the rate of ________ % per annum, as provided for at clause ________ of the Contract.
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3.3. Interest will continue to accrue, both before and after any judgment, until the total sum due is paid in full.
§4. Remedy Required
4.1. Take notice that, by this notice, time is hereby made of the essence in respect of the outstanding payment.
4.2. The Defaulting Party is required to remedy the breach within ________ days of the date of service of this notice, such remedy to comprise payment in full of all sums owed (including accrued interest) as described above.
4.3. Payment should be made to the following account: ________.
4.4. In the event of any failure to remedy the breach within the timeframe specified at §4.2, such failure will be treated as a repudiatory breach of the Contract, which the Innocent Party may, at its election, accept as bringing the Contract to an end.
4.5. In those circumstances, proceedings may be instituted to recover the debt, together with interest and damages for all losses incurred, and an order for costs will be sought against the Defaulting Party.
4.6. Please take notice that, in the event of any future breach or any failure to remedy the breach described in this notice, the express right to terminate the Contract may also be invoked pursuant to: ________.
§5. Reservation of Rights
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5.2. This notice is given without prejudice to any other notice that has been or may be served in connection with the Contract.
§6. Conclusion
6.1. We look forward to receiving full payment of the sums set out above within the timescale provided. Should you wish to discuss this matter, or if you dispute any part of the sums claimed, you should respond in writing without delay.
Yours faithfully,
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