A member asked almost 9 years ago

Breaking commercial lease

Can I break a commercial lease early?

Wai Kaey Soon
Barrister at Law at Frederick Jordan Chambers

A commercial lease is a contract. The contract has terms, which govern the relationship between the parties to the contract and the rights they might have against each other or over the leased property. It may also be governed by legislation. In some rarer cases, you might be allowed to break the contract early at law due to a breach of the contract by the other side.


Thus, whether you can break a contract early depends on:

1. whether there is a contractual term in the lease allowing you to do so;

2. whether any relevant legislation applies allowing you to do so; and

3. what both you and the other party to the contract have done in the course of the lease.


I would suggest that you take the lease that you have executed to a solicitor or barrister so they can advise you of your rights under the contract and at law generally. If you do not have the right to break early and you do so, or if you do so incorrectly, you may be liable for damages to the other party under the lease.


Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.


Liability limited by a scheme approved under Professional Standards Legislation


Suggested way forward

Please consult a barrister or a solicitor - perhaps by using Lawadvisor! You will need to bring a copy of the lease you have executed, and be ready to answer questions about your involvement in the lease and the circumstances giving rise to it.

Answered over 8 years ago   Legal disclaimer

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