Leaving premises when the lease file is incomplete

Topic
Leaving business premises
Reading time
3 minutes
Last reviewed
On this page
  1. Search by transaction, not just by building address
  2. Keep a useful gap list
  3. Do not recreate the missing agreement

An owner may remember signing an agreement when a mezzanine was installed, while no copy appears in the current file. Start an incomplete lease file with a list of missing records and the decisions those gaps affect.

Preserve what you have, including dates, signatures, attachments and the original file names. A clean summary can accompany the documents, but should not replace them.

Search by transaction, not just by building address

A property file may be scattered across the original lease transaction, a later extension, an alteration project and a change of tenant. Ask the business's current and previous professional contacts what they hold. Check internal records for those events as well as the premises address.

The RICS dilapidations standard for England and Wales, section 4, identifies the need for complete lease documents and relevant supporting records. Its examples include alterations consents, plans, side letters and schedules of condition. The appropriate adviser should decide which documents your instruction requires.

Use this retrieval order to avoid asking everyone the same vague question:

  1. Identify the lease and the named tenant from the best available copy.
  2. List later events the business remembers, with approximate dates and people involved.
  3. Ask the relevant solicitor, landlord or agent for the documents connected with each event.
  4. Match returned documents with their attachments and note whether a signed version is available.
  5. Give the remaining gaps to the property adviser before relying on an exit assumption.

Where different group businesses occupied the site, map the tenant and equipment owners. A file held under one company's name may concern another party's transaction.

Keep a useful gap list

Missing or uncertain record Lead to pursue Decision affected
Signed variation mentioned in an email Solicitor who handled that change Whether the current understanding of the lease is complete
Plan referred to in an alterations consent Original project file and landlord's agent What area or installation the consent describes
Photographs accompanying a condition schedule Original inspection provider What evidence was agreed or recorded at the start
Letter about retaining fitted items Correspondence archive and the other party Whether an informal recollection has documentary support

These are examples of questions, not conclusions about their legal effect. Keep “not found” separate from “does not exist”. An unanswered request proves neither that an obligation applies nor that it has disappeared.

Do not recreate the missing agreement

Record an owner's recollection as recollection, with its source and date. Do not turn it into a substitute consent or edit an old plan to match what is now on site. Ask the adviser how uncertainty affects the next decision.

If the main gap is the history of building changes, use the old alterations chronology. If a survey is needed, give the gap list to the surveyor when agreeing the instruction. That lets the adviser distinguish what can be inspected from what still needs documentary clarification.

You can still prepare a provisional asset enquiry. Tell UK Auction Group which release dates or fitted items depend on the property review. Keep them conditional until the responsible people have answered the outstanding questions.

See the other guides to 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.

Closing a business with assets to sell?

UK Auction Group values everything on site, runs the sale and hands the premises back clear, with a full statement of proceeds at the end.

Send a list of what you have, where it is and your deadline. Decisions that are still open can be included.

Business closure auctions and site clearance Contact UK Auction Group

Business Closure Guide is part of the UK Auction Group portfolio.

Browse all guides by topic