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How to get out of your lease
5 Nov 2009
 

In this economic climate if you are a tenant you may well be looking to get out of your current lease or be  trying to negotiate more favourable terms with your landlord.  Here are some tips on where to start:

Negotiate monthly rental payments

  •  Some landlords may be willing to agree to you paying rent monthly rather than quarterly to assist your cashflow.
  • Be sure to document the agreement.   

Use your break option

  • Check whether you have an option to end  your lease early and that the date hasn’t passed
  • Check that you can meet the conditions for exercising the break option (eg give sufficient and correct period of notice  annual rent up to date, are there any  penalties?)
  • Use the possibility of breaking the lease as an opportunity to negotiate new terms with your landlord

Assign the lease to a new tenant

  • Check the lease permits you to do this and the conditions to be met (eg landlord’s consent)
  • You will be released from your immediate obligations under the lease but beware of who you assign to as you are very likely  to be  liable if they fail to comply with the lease

Surrender the lease

  • Landlord’s consent will be needed to end the lease this way
  • Make sure you agree a full release from all liabilities and be aware of any premium payable by you on surrender.
  • Try to recover any rents already paid in advance for periods beyond the date of surrender.