A vital factor and element within every commercial property lease surrounds an occupiers ability to exit the property which needs to be considered at negotiations for the property. In simple terms this would amount to a tenant’s route out of their leasing liability when the end of the lease is not imminent, or when an option to break the lease is either non-existent or also not imminent enough in the eyes of the occupier.

There is almost never a leasing scenario whereby a properly advised tenant should not have the following exit strategies and rights built in to their lease;

  • Assignment
  • Subletting
  • Sharing
  • Right to go dark

However, if you do not firstly ask for them and secondly construct the detailed wording of them in the correct way at the point that a lease is being negotiated with a potential landlord, you will either not have them at all, or you will not have them in a format that you cannot effectively make use of as and when the need to release yourself from a lease arises.

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