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Can a Commercial Tenant Stay After a Contracted-Out Lease Expires? The Risks Commercial Landlords Need to Know

Andrew Koffman

Andrew Koffman
Head of Litigation

This is the second article in our series examining common commercial landlord and tenant pitfalls. In our previous article, we explored the risks of allowing a commercial tenant to move into premises before a lease is formally completed. You can read that article here. 

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Tim Berkson

Trainee Solicitor

Tim joined Bermans in October 2026 and is Trainee Solicitor in our Property team.

He supports on a range of commercial property matters, including landlord and tenant transactions and the acquisition and disposal of freehold and leasehold premises.

He studied Law at the University of Liverpool before completing his Masters and Legal Practice Course (LPC).

Outside of work, Tim enjoys playing cricket, going to bars and restaurants around Liverpool and cooking. He is also a supporter of Tranmere Rovers F.C.


E: tim.berkson@bermans.co.uk
T: ddi: 0151 224 0501

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How Could the Government’s 2027 Cohabitation Law Consultation Affect Unmarried Couples?

 

Jack Daly

In June 2026, the Government launched its consultation, A Fairer End to Relationships, proposing significant reforms to the law governing relationship breakdown. One of the consultation’s key areas of focus is whether greater legal protection should be available to cohabiting couples, particularly those who own property together but are not married or in a civil partnership.

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Melissa Fonad

Trainee Solicitor 

Melissa joined Bermans in October 2026 and is a Trainee Solicitor in our Creditor Services team where she assists with with fast and intermediate track matters.

She studied Law at Manchester Metropolitan University before completing an LLM in Legal Professional Practice at The University of Law.

Outside of work, Melissa enjoys going to the gym and running, as well as travelling and watching TV series.


E: melissa.fonad@bermans.co.uk
T: 0161 383 2135

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Can a Commercial Tenant Move in Before the Lease Is Signed? The Risks Every Landlord Should Know

Andrew Koffman

Andrew Koffman
Head of Litigation

If you are a commercial landlord, you may have a potential tenant who is very keen to go into occupation. Terms may have been agreed with them and it may seem a certainty that a lease will be completed shortly. It can be tempting to allow the tenant to take occupation and start paying rent before the legal paperwork is completed, in anticipation of imminent completion.

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