(November 2020) COVID-19 has had a significant impact on almost every business in the UK. For many businesses, it means they no longer require their business premises, or can no longer afford it. There are many other reasons, not directly related to COVID-19, that you may wish to exit a commercial lease. Maybe your operations have downsized or expanded, and the place is no longer fit for purpose, or you need to change location. Regardless of the circumstances, if you need to get out of a commercial lease early, there are several options which may be available to you.
In this article, we look at the factors which may affect whether you can get out of your commercial lease before the lease term.
Getting out of a commercial lease early can be challenging – after all, the contract is designed to give the landlord an element of security and assurance. Whether you are able to end the lease early will generally depend on the terms of your lease, but you may be able to come to an agreement with your landlord.
If you have a good relationship and have been a decent tenant, they may be sympathetic to your situation, and you can come to some agreement. You may be expected to pay a certain amount of financial compensation for surrendering a lease. However, if they are unwilling to come to such an arrangement, there may be other formal legal options available to you.
Many leases include what is known as a ‘break clause’. This clause offers both landlord and tenant the opportunity to bring the lease to an end after a predefined amount of time. Your solicitor can check your lease for a break clause and explain to you how this might operate in your favour.
If there is a break clause in your lease, you will need to adhere to its terms which may stipulate a period of notice and how you should notify your landlord. For example, you may need to provide your landlord with several months’ notice in writing, or you may need to notify your landlord at a specific address. These requirements must be met as failure to do so could invalidate your exit from the lease.
Where there is no break clause in your lease, and your landlord is unwilling to negotiate the surrender of the lease, it may be possible to assign the lease to a third party. You will generally be responsible for finding someone to take on the lease, and the landlord must approve the third party before the lease can be assigned.