The tenant may normally remain in occupation of the business premises until the expiry of the commercial lease and sometimes beyond. However, in some cases a landlord might be able to end the business lease early and take back the premises during the course of a tenancy:
- Failure to pay rent or meet lease obligations - where the tenant has failed to pay the rent or carry out some other lease obligation, as the business 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 business leases: paying rent and rent reviews.
- Break clause - 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.
Ending business leases when you are a landlord is complex and legal issues are involved. It is therefore advisable to take professional legal advice. Choose a solicitor for your business.