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 business leases: paying rent and rent reviews.
- 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 a solicitor for your business.