Leaving business premises

The right premises can be crucial to your business and they are likely to constitute a substantial cost, so it is important to handle the end of your tenancy or licence carefully. This section guides you through the process for either ending your tenancy early, or at the end of your tenancy and the practicalities of leaving. It also deals with the legal problems that can arise when it is your landlord who wants to end your tenancy, whether by notice or simply changing the locks to evict you.

Tenant ending a tenancy

  1. 1.How do I end my business tenancy early?
  2. 2.Can I just leave my rented business premises early and stop paying rent?
  3. 3.What is the surrender of a tenancy?
  4. 4.How do I agree with my landlord to end my business tenancy early?
  5. 5.How do I surrender a protected business tenancy?
  6. 6.How do I surrender an unprotected business tenancy?
  7. 7.Can my landlord ask for payment in return for agreeing to end my tenancy early?
  8. 8.What is a break clause?
  9. 9.How do I use a break clause in my tenancy agreement to end my business tenancy early?
  10. 10.Do I have to do exactly as my break clause says in order to use it?
  11. 11.Can I assign my tenancy to someone else?
  12. 12.How do I assign my tenancy to someone else?
  13. 13.Can my landlord refuse to agree to me assigning my tenancy?
  14. 14.If I assign my tenancy, can I be liable for the new tenant's breaches?
  15. 15.Can I sublet my rented business premises to someone else?
  16. 16.How do I sublet my rented premises to someone else?
  17. 17.Can my landlord refuse to agree to me subletting my premises?
  18. 18.If I sublet my rented premises, will I be responsible for my subtenant's breaches?
  19. 19.What should I do to leave my business premises when my tenancy runs out?
  20. 20.How do I arrange to leave a protected tenancy when it runs out?
  21. 21.What notice should I give to end a protected tenancy when it runs out?
  22. 22.How do I send notice to my landlord to end my protected tenancy when it runs out?
  23. 23.How do I arrange to leave an unprotected tenancy when it runs out?
  24. 24.What should I do if I want to leave my business premises after my tenancy has run out?
  25. 25.How do I leave my premises after my protected tenancy has run out?
  26. 26.How do I give notice to leave after my protected tenancy has run out?
  27. 27.How do I leave my premises after my unprotected tenancy has run out?

Tenants affected by COVID-19

  1. 28.Did the COVID-19 pandemic give me the right to terminate or end my tenancy early?
  2. 29.How do I leave my business premises or downsize (eg as a result of the COVID-19 pandemic)?
  3. 30.What protections are in place for unpaid commercial rent accrued during the COVID-19 pandemic?
  4. 31.What are my options if I cannot pay rent accrued while my business was forced to close due to COVID-19?
  5. 32.What are my options if I cannot reach an agreement with my landlord about unpaid rent due to a forced business closure (protected rent debt)?

Landlord ending a tenancy

  1. 33.What should I do if my landlord gives me notice to leave my business premises?
  2. 34.What is a section 146 notice?
  3. 35.How do I recognise a section 146 notice?
  4. 36.What should I do if I receive a section 146 notice threatening to forfeit my business tenancy?
  5. 37.What is a section 25 notice?
  6. 38.How do I recognise a section 25 notice?
  7. 39.What should I do if I receive a section 25 notice ending my business tenancy?
  8. 40.How much notice does my landlord have to give in a section 25 notice?
  9. 41.What are the reasons that my landlord can refuse to let my protected business tenancy continue?
  10. 42.What should I do if I receive a notice from my landlord using a break clause to end my tenancy?
  11. 43.What should I do if my landlord sends me a claim form asking for possession of my business premises?
  12. 44.If my landlord has started a possession claim against me, can I stop paying rent?
  13. 45.Why might my landlord bring a possession claim against me?

When a landlord changes the locks

  1. 46.Can my landlord simply change the locks if I do not pay my rent?
  2. 47.When can my landlord change the locks?
  3. 48.What should I do if my landlord changes the locks to my business premises to evict me?

Occupant ending a licence

  1. 49.How do I end my licence to occupy business premises?
  2. 50.If my licence agreement has a set process to end it, do I have to follow it?
  3. 51.If my licence agreement does not give a notice period or end date, how do I end it?
  4. 52.Should I get an agreement to end my licence to occupy in writing?

Landlord ending a licence

  1. 53.What can I do if my landlord asks me to leave premises that I occupy under a licence?
  2. 54.What should I do when my licence period runs out?

Practicalities when leaving business premises

  1. 55.What practical steps should I take in the run up to my leaving date?
  2. 56.Why should I check my tenancy agreement before moving out?
  3. 57.What should I do about keys and any alarm when moving out?
  4. 58.What should I do about utilities before moving out?
  5. 59.What authorities do I need to notify when moving out?
  6. 60.What business contacts do I need to notify when moving out?
  7. 61.What stationery do I need to change when changing address?
  8. 62.How should I deal with my staff when moving business premises?
  9. 63.Do I have to clean my rented business premises before I move out?
  10. 64.Do I have to redecorate my rented business premises before I move out?
  11. 65.Do I have to do repairs to my rented business premises before I move out?
  12. 66.What happens if I leave my business premises in a worse state than when I moved in?
  13. 67.What happens if I do not complete repairs, redecoration etc before the end date of my tenancy?
  14. 68.What do I need to remove from my business premises when I am moving out?
  15. 69.Should I remove fixtures I have added to the premises at the end of my tenancy?
  16. 70.Should I undo any alterations I have made to the premises when my tenancy ends?

Choosing between protected and unprotected tenancies

This handy guide will help you to choose between a protected and unprotected business tenancy, explaining why the differences matter in an easy to read chart. It includes: a quick guide on how to tell whether your tenancy (or the tenancy being offered if you are in the process of choosing one) is protected or not under the Landlord and Tenant Act 1954; the main differences between the two; and which is best for your business. Our guide to choosing between protected and unprotected business tenancies will help you understand what it is you are really being offered by a landlord so you can make a properly informed choice that works for you.
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Tenant's notice to terminate - fixed term protected business tenancy

Use this tenant’s notice to terminate for a fixed term protected business tenancy if you are renting and want to leave at the end of the fixed term. Using a proper written notice to terminate will protect you from any misunderstandings with your landlord and help you to avoid a dispute in the event that there is any doubt over whether you have left the premises or not at the end of the tenancy. Fill in a simple questionnaire to generate a bespoke letter and have confidence that you are giving proper notice.
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