Tenant's rights to end a commercial property lease
When a tenant has the right to end a commercial property lease early, and how a tenant can end a fixed term tenancy.
Tenants of business premises may sometimes be able to end their tenancy before the termination date set out in their commercial property lease. If they can, this will be because the landlord, or the business lease, permits them to do so, as the legislation itself does not give rights to early termination.
Ending a business tenancy early
A tenant may be able to end their business tenancy early if:
- The landlord agrees to accept a surrender of the business lease.
- The commercial property lease includes a break clause which allows the tenant to end it early.
- The tenant can assign the business property lease to someone else. The landlord is entitled to ask for a guarantee from the tenant, in which case there will be a potential continuing liability to the landlord.
- The tenant is able to sublet. Subletting involves remaining as a tenant but granting a sublease to another tenant. The original tenant remains liable for paying the rent to the landlord even if they don't trade from the commercial premises.
If these situations don't apply the tenant must continue to pay rent for the whole tenancy period.
Legal advice for ending a business tenancy early
Tenants wanting to end a business tenancy early are advised to consult a solicitor with specialised knowledge of commercial property matters. Choose a solicitor for your business.
Ending a fixed-term tenancy
A fixed-term tenancy is one which is due to end on a specific date set out in the commercial property lease. If neither party has taken action to end a fixed-term tenancy, then the tenant may choose to stay or leave at the end of the fixed term.
Tenants wishing to avoid paying rent continually must move out of the business premises by the end of the fixed term. If they decide to stay, they will have to continue paying rent. They can only then end this continuing obligation to pay rent by giving three months' notice to the landlord, at the expiry of which the tenancy will end, and vacate the property.