Do you need access to the old premises after the lease ends?

Topic
Leaving business premises
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3 minutes
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  1. Separate necessary visits from work that can finish earlier
  2. Describe more than the date
  3. Recognise when the request is really for more occupation

List the work that might bring someone back to the old premises after the planned exit. An inspection, record query or contractor follow-up can become difficult if the business has assumed it may return whenever needed.

Put each proposed visit to the landlord and property adviser before the exit arrangement is completed. Keeping a key is not a substitute for confirming the legal and practical basis for access.

Separate necessary visits from work that can finish earlier

For every proposed return, ask what the visitor needs to achieve and why it cannot be completed while the business still has agreed access. Some tasks may be brought forward. Others may need a specific post-exit arrangement or a different solution.

Use a proposed schedule like this:

Purpose Person or organisation Area needed Timing Agreement still needed
Follow-up inspection Named adviser Defined inspection area Proposed date or window Access permission and site contact
Agreed contractor follow-up Responsible contractor Area identified in scope Subject to confirmed appointment Authority, supervision and applicable conditions
Retrieve a particular record Authorised business contact Specified record location Preferably before exit Whether earlier retrieval is possible

The schedule describes a request. It does not establish a right of entry or extend occupation.

GOV.UK's guidance on commercial lease endings covers different legal routes and advises seeking a solicitor where the position is unclear. For an England or Wales property, ask that adviser to confirm how any continued access fits the actual exit. Get locally appropriate advice elsewhere.

Describe more than the date

Give the receiving party the visitor names, intended activity and any services or facilities the visit needs. A property inspection and a contractor undertaking work are not interchangeable descriptions.

Ask who controls the site on the proposed day, how attendance is arranged and which services or facilities will be available. Give the competent project team any information it needs to assess the activity. Do not assume that the former operating arrangements will remain in place.

On a shared estate, communal gate and visitor arrangements may also change. Agreement from the landlord about a visit should be connected with the practical arrangements managed by the relevant site contact.

Recognise when the request is really for more occupation

Several weeks of routine business use may need a different discussion from a single agreed visit. Explain the actual activity to the adviser. If the business still needs an operating base, use the short-extension brief rather than describing continuing occupation as occasional access.

Record what has been agreed, who confirmed it and any conditions the visitors need to know. Keep this with the key-return and exit record. A key receipt should not be treated as evidence that every future visit has been permitted.

If a proposed asset arrangement still needs access after exit, tell UK Auction Group before relying on that date in the enquiry. Explain whether access is confirmed, requested or unavailable. The owner should resolve the premises position with the appropriate parties rather than leave a sale plan dependent on an assumption.

Explore Leaving business premises.

Sources

This guide is general information and education only. Legal, tax, employment and safety decisions may need a qualified adviser who knows your situation. Read the disclaimer.

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