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Terminating a Commercial Lease
There is a common misconception among Tenants occupying commercial premises under a lease that the premises can be handed back whenever they decide they no longer want to occupy them. Some Landlords are also under the impression that they can terminate a lease as and when they choose. Both of these views are incorrect. A lease is a contractual agreement between a Tenant and a Landlord and will last for a fixed period of time. Although some leases will include a clause that allows for early determination, most will run until they end by ‘effluxion of time’. However, there are ways to end a commercial lease early, and these processes will differ depending on who wishes to terminate the lease – the Landlord or Tenant – and under what circumstances and when. Both parties will need to be aware of their legal obligations.
Reasons for Terminating During a Lease
There are a number of reasons why a Landlord or Tenant may want to end a commercial lease early. In any event, and notwithstanding the reason, there are steps that must be taken in order to ensure that the lease can be determined. Below we outline the reasons and the complications that can arise.
Surrender
A Tenant who wishes to give up possession of a property during the fixed term of a lease can negotiate a surrender with their Landlord and effect it by:
Conduct would include delivering the keys to the Landlord and the Landlord accepting receipt so that the lease comes to an end. However, both options would require the Landlord to agree to the Tenant surrendering the lease. The Landlord may also ask for a payment to be made as ‘compensation’ for the loss of rental income. Similarly, if the Landlord wishes to determine a commercial lease early, it can ask the Tenant for a surrender. In this instance, the Tenant is not obliged to agree and may accept to surrender upon payment of a premium.
Break clauses
A break clause is written into the commercial lease from the outset and allows a Tenant (and even a Landlord) to end a lease early by serving a notice on the other party. The lease will set out certain requirements that must be followed to ensure the break is valid, for example, the Tenant may be required to give the Landlord notice that they wish to enact the break clause, and all outstanding monies due must be paid. On the other hand, a Tenant may find that the preconditions set by the Landlord mean that the break clause is, in reality, incapable of being exercised.
Forfeiture
If a Landlord wishes to end a fixed-term commercial lease early due to a Tenant breaching the lease, then they may be able to do so if there is a forfeiture clause in the lease. The procedure for forfeiture will depend on how the Tenant has breached the lease. For example, if the Tenant has not paid rent, then there is generally no need for the Landlord to serve notice on the Tenant. If the breach is of a different nature, then the landlord will have to serve a section 146 notice.
Terminating After The Lease Has Expired
Ending a commercial lease on or after the expiration of its term depends on the security of tenure. Security of tenure is the right for the Tenant to occupy business property after the lease comes to an end. If the lease grants security of tenure, the lease will continue after the expiry date if the Tenant remains in occupation of the property for business purposes. In this scenario the Landlord or Tenant must serve one of the following notices to terminate the lease:
If both parties opt out of the legislation as part of the lease, there is no automatic right to security of tenure. Under these circumstances, a Tenant can vacate the property without providing notice by informing the other by writing. If a Tenant refuses to vacate the property, the Landlord will usually need to undertake possession proceedings.
Taking on a commercial lease involves many important considerations, and having the right legal support is essential. At Parker Thomas Solicitors, our expert Commercial Lease Solicitors are here to provide professional advice tailored to your business needs, ensuring you get the best possible terms while avoiding costly mistakes.
Don’t wait—take the first step today! Call our friendly commercial law team at 0208 050 8254 or use our free out-of-hours service at the same number.
We also offer a FREE QUOTE, so you can get started with expert advice and clarity on costs upfront. Our dedicated liaison team will carefully review your situation, explain your options clearly, and recommend the best solutions to achieve a positive outcome for your commercial lease.
Contact Parker Thomas Solicitors now and let us help you navigate your commercial lease with confidence!