Returning keys and confirming the property exit are different tasks

Topic
Leaving business premises
Reading time
3 minutes
Last reviewed
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  1. Agenda one: custody and access
  2. Agenda two: the property position
  3. When a further visit is needed

Returning keys is a practical event that needs a clear record. Whether the lease or another occupation arrangement has ended, and on what terms, needs separate confirmation from the property adviser. Do not ask a key receipt to answer both questions.

GOV.UK's commercial lease exit guidance describes different ways an early exit may be arranged. The adviser must establish the route and legal effect for the actual documents and jurisdiction. Ask the adviser how the proposed handover should be documented and what legal confirmation remains necessary.

Prepare two short agendas before the handover appointment. They can share a date while remaining separate records.

Agenda one: custody and access

Identify what the recipient is expected to receive. Depending on the site, that may include physical keys, access cards, gate devices and information handled through an approved security process. Ask the responsible people how sensitive access information should be transferred; do not put it in a general circulation closure note.

Record the location, date, items, recipient and the capacity in which that person receives them. Mark anything outstanding accurately. A duplicate key still held by a contractor should be recorded as unresolved, with a person responsible for dealing with it under the agreed arrangements.

Agree how the site contacts report a problem after the appointment. This could be a missing item or uncertainty about an access device. Keep the factual record separate from any language accepting property condition or settling claims, unless the advisers have approved that wording.

Agenda two: the property position

Ask the solicitor or other appropriate property adviser to confirm:

  • Which documents establish the exit arrangement?
  • What event or conditions must be confirmed before the agreed legal position takes effect?
  • What wording should the operational handover record use?
  • Which matters remain open after the handover?
  • Who receives later property correspondence?

Keep the chosen exit route and its confirmed instructions available. A site employee should not have to interpret a legal agreement while someone waits at the door for the keys.

When a further visit is needed

In a fictional closure, the office manager returns the keys while a records contractor still expects to attend the following week. The practical handover needs to disclose that unresolved visit. It cannot create permission for it.

The owner must arrange any post-exit access through the appropriate parties and advisers. If the visit changes or cannot be agreed, the business needs another authorised way to resolve the outstanding task. Retaining a spare key is not a substitute for an agreed arrangement.

Store the handover record with the property agreement, relevant correspondence and condition evidence. If a later property claim arrives, the adviser can then distinguish what was observed and transferred from what was legally agreed.

If equipment remains part of a closure sale enquiry, give UK Auction Group the actual access position and confirmed availability. Do not continue offering visits on the basis that the business once held the keys.

See Leaving business premises for related exit decisions.

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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