Breach of Contract Notice

This notice can be sent by a party to a contract to formally notify another party that they have breached a contractual agreement. In other words, this notice will notify the other party that they have failed to comply with the contract. The notice is designed for use where the contract is governed by the laws of England and Wales.

A contract is a legally binding agreement which exists between at least two parties. Contracts can exist in a number of situations. For example, the following situations will often involve the existence of a legal contract:

• An agreement for the provision of services
• An agreement between a buyer and seller during a property purchase
• An agreement between a landlord and a tenant

A breach of contract means that a party has failed to comply with the terms of the agreement. For example, this could arise in one of the following situations:

• Where a party to the agreement has failed to provide services or goods to a sufficient standard
• Where a party has failed to deliver a service on time or whatsoever
• Where a party has carried out defective work
• Where a party has failed to pay for goods or services within the required period of time

The purpose of this notice is to inform the party that they are in breach of the contract and to request that this is remedied (put right). If matters remain unresolved, the sender may wish to terminate the contract. It is possible to use a different notice in order to achieve this. More information about terminating agreements can be found in our legal guide on this topic.

Should attempts to resolve matters fail, the innocent party will need to consider seeking advice. In particular, advice could be sought about whether the contract can then be lawfully terminated and/or whether action in a Civil Court may be necessary to resolve matters. In those circumstances, the Civil Pre-Action Protocol should be followed, which may include sending a letter before proceedings or a letter in accordance with the Debt Protocol.

How to Use This Document

This document should be completed with the relevant information to reflect the details surrounding the breach. The details should be carefully checked against the contract to ensure that the information is accurate. In particular, the notice should be marked for the attention of the appropriate person, in accordance with any requirements of the contract.

It is also important to check whether the contract stipulates that documents and notices in relation to the contract must be sent in a particular way (e.g. by first-class post). In accordance with any requirements of the contract, the notice can either be:

• printed, signed and posted; or
• electronically signed and sent via email.

Applicable Law

This notice will be sent in relation to the general laws of contract. The law applicable to a specific contract will largely depend upon the nature of that contract.

It is useful to note that, in most cases, a court claim for a breach has a time limit of six years from the date of the breach. This means that any claim should be brought before the expiry of that period.

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.