The tenant may normally remain in occupation until the expiry of the business property lease and sometimes beyond. However, in some cases a landlord might be able to take back the premises during the course of a tenancy:
- Where the tenant has failed to pay the rent or carry out some other lease obligation, as the lease will usually have a forfeiture clause enabling the landlord to end the lease. However, the court may reinstate the tenancy if the tenant successfully challenges the landlord's action. See paying rent and rent reviews for business leases.
- If the landlord has a right, set out in the lease, to exercise a break clause. The landlord will only have such a right if the tenant has agreed to waive renewal rights.
In either case, complex legal issues are involved, and it is advisable to take professional legal advice. Choose and work with a solicitor.