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Our commercial property lease is coming to an end and the landlord is refusing to offer us a new one — is there anything we can do?

Your rights depend on the lease.

Many leases, particularly older leases, give you the right to renew the lease in most circumstances. However, the landlord may be able to refuse to renew the lease if:

  • You agreed to give up your right of renewal when you originally took on the lease.
  • The original agreement was for a fixed term tenancy lasting less than six months.
  • The landlord wants to use the premises themselves or to redevelop them.
  • The landlord has offered suitable alternative premises.
  • You have sublet the premises and are no longer occupying them yourself.
  • You are in substantial breach of the terms of the lease — for example, by failing to pay the rent or fulfil your maintenance obligations.
  • The original agreement was in fact drawn up as a licence rather than a lease. This sort of rental agreement is typically used for short-term, flexible rentals such as serviced offices.

If your landlord is refusing to renew your lease, you should take legal advice. You may be able to negotiate an agreement, or if necessary take legal action.

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