In this article, we look at the factors which may affect whether you can get out of your commercial lease before the lease term.
Is it difficult to get out of a commercial lease early?
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.
Surrendering a commercial lease
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.
A break clause in the lease
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.
Assigning a commercial 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.
This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek our specific advice.
