Early Lease Termination by Commercial Tenants - The Options Available

Introduction

When a tenant has decided to bring its lease to an end, it will often be a priority to do so as soon as possible, so as to limit the exposure to further rental payments. It might seem at first glance that termination of a commercial tenancy should usually be a very simple business. What makes it complicated is the Landlord and Tenant Act 1954, paradoxically an Act designed to protect tenants. The complexity of the Act means that opportunities can be missed.

Other options include surrender, frustration, repudiation, disclaimer, and exercise of break options. Also, not all tenants occupy under a formal lease, and different considerations affect termination of less formal arrangements like tenancies at will, licences to occupy, and periodic tenancies.

What You Will Learn

This live and interactive session will cover the following:

• What are the common law rules for ascertaining the required length of notice to quit?
• Within the 1954 Act, what methods of termination are effective?
• How do contractual doctrines of repudiation and frustration work with leases?
• Can a lease be disclaimed when a tenant is not insolvent?
• How might a landlord attempt to frustrate or delay termination?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.