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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9325
Experience:  I have been practising for 30 years.
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I've got a question about comercial property Assistant:

Resolved Question:

Hi, i've got a question about comercial property
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I have a 3 year rental agreement on commercial property, agreement does not state whether i can leave early by giving notice, landlords say i can not, it started in 2015 and end in 2018, i have been there around half term. i am struggling with the rent and looking for any outs/solutions. Are there any? (to get out early)
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Unless the lease agreement has a specific clause in it which says that you can leave early (a break clause) then you are stuck with the lease until the end of the term or, if you leave early, until the landlord gets a new tenant and when the new tenant moves in, you would not be responsible for the rent from then onwards. The landlord is under a duty to try to get a new tenant.

If the landlord is likely to get a new tenant relatively easily, he may agree to take, for example, three months rent upfront, to enable you to move out, provided he gets a tenant quickly. It would give him a little bonus as an incentive.

He doesn’t have to do that but it’s worthwhile trying. He would only do that the premises are likely to let quickly.

You are also able to look for a tenant yourself to take the lease on from you.

Can I clarify anything further for you?

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Best wishes.

FES

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