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Changing commercial lease payments to help cash flow

Changing your commercial rent from quarterly to monthly payments can significantly improve your business cash flow and help you navigate economic uncertainty more effectively. With rising costs, inflation pressures, and unpredictable market conditions, many commercial tenants are discovering that monthly rent payments provide better financial control and reduce the risk of missed payments that could jeopardise their tenancy.

Whether you're a tenant struggling with quarterly payment demands or a landlord considering more flexible rent collection arrangements, understanding how to legally modify payment frequency is crucial for maintaining stable landlord-tenant relationships. This guide explains the benefits of monthly rent payments for both parties, outlines the legal methods for changing payment terms (waiver versus variation), and shows you how to protect your interests when negotiating these arrangements.

Changing commercial rent payment frequency requires careful legal documentation to protect both parties' interests and avoid unintended consequences. Our experienced commercial property solicitors help landlords and tenants negotiate practical rent payment arrangements that work for everyone, ensuring all variations are properly documented and legally secure.

Introduction: Is it time to rethink how your commercial rent is paid? 

If you're a business leasing commercial space, chances are you've felt the strain that traditional quarterly rent payments can put on cash flow. With rising costs and ongoing economic pressures, more tenants are looking at monthly rent payments as a practical way to ease financial pressure, and many landlords are open to the idea too, especially when the alternative might be a vacant property. 

The cash-flow problem 

With inflation still high and energy costs not expected to return to pre-crisis levels anytime soon, many commercial tenants are feeling the squeeze. One practical way to ease that pressure is by switching from quarterly to monthly rent payments. Paying monthly can help businesses better manage their cash flow, stay on top of their finances, and respond more quickly to any economic ups and downs. 

Of course, this kind of change is a concession for landlords, who often prefer quarterly payments to reduce admin and get a lump sum up front. But in many cases, agreeing to monthly rent is actually in a landlord’s best interest too. Keeping a tenant in place - especially one who’s trying to stay ahead of their bills - can be far better than dealing with an empty property, lost rent, and the hassle of finding someone new. 

Recent changes in the commercial property landscape  

Over the past year, there have been some important developments in commercial property law and leasing trends that are making monthly rent payments more appealing, and in some cases, more necessary. 

The government launched a wide-ranging review of the Landlord and Tenant Act 1954, which could lead to major reforms in how commercial leases are structured and renewed. While we’re still waiting to see the final outcome, the review signals a strong push towards modernising commercial leasing practices and making them more flexible. 

High inflation, fluctuating interest rates, and energy price uncertainty continue to put pressure on operating costs. Many businesses are managing tighter margins and need to keep closer control over their outgoings, which monthly payments support far better than quarterly ones. 

While market data from 2024 showed an increase in longer lease arrangements (which demonstrates we are stabilising in the fallout post-pandemic), there has also been a growing demand for short-term and flexible leases, especially in the wake of hybrid working and reduced office space need. Monthly payment terms often go hand-in-hand with this kind of flexibility.  

We’re also seeing a steady rise in turnover rent leases, where rent is tied to a tenant’s revenue rather than a fixed amount. This model can offer tenants breathing room during quieter periods, while still giving landlords the potential for higher returns when business is strong. It’s a structure that reflects the growing desire for shared risk and reward.  

Another growing trend is the move towards sustainability. Commercial buildings need to meet higher graded Minimum Energy Efficiency Standards (MEES), and landlords who don’t comply risk being unable to let their properties at all. At the same time, tenants are placing greater value on energy-efficient, environmentally responsible spaces. These green upgrades can raise the value of a property, but they also come with upfront costs. As a result, we’re seeing more landlords trying to recover some of that investment through rent or service charges.  

So, between legal reforms, financial pressures, flexible working, and sustainability expectations, it's clear: the landscape is changing. While traditional quarterly payments have long been the norm, it is important for both landlords and tenants to adapt to maintain the relationship. Offering flexibility on rent frequency, like allowing monthly payments, can actually make a property more attractive and help retain tenants for longer periods. 

Altering your lease by waiver  

A waiver is a simple, personal agreement between the landlord and tenant, usually set out in a short side letter that outlines the new payment terms and is signed by both parties. It’s often the go-to option because it’s quick, low-cost, and doesn’t require any complex legal steps. 

However, there are a few rules to follow for it to remain a true waiver. No payment should be made in return for the change, and the agreement shouldn’t be binding on any future owners of the property. Otherwise, it risks being treated as a formal variation of the lease rather than a waiver. 

Two key things to know about waivers: 

  • They don’t replace or override the lease itself - the original lease terms still stand. 
  • The landlord can usually end the monthly payment arrangement at any time, often without much notice. 

From the tenant’s point of view, a waiver can feel a bit uncertain. There's some legal debate about how enforceable it really is, and because the tenant is technically not paying rent as required by the lease, they could be left exposed. This can create a bit of tension, especially if the landlord wants flexibility but doesn’t want to formally change the lease terms. 

Altering your lease by variation  

A variation is a more formal route. It’s done through a deed and actually changes the particular lease terms relating to payment, so it’s a solid, legally binding way to move from quarterly to monthly rent payments. For tenants, this gives far more security than a waiver.  From the landlord’s side, though, it’s a bigger commitment. We discuss this in more detail below. 

Ending the new arrangement  

Particularly when the concession is set up as a waiver rather than a variation, it’s quite common for the landlord to reserve the right to end the arrangement. The terms for ending it are usually up for negotiation, but in most cases, the landlord will want as much flexibility as possible. Often, the only requirement is that they give the tenant notice. 

From the tenant’s side, it’s understandable to want some safeguards, like making sure the notice doesn’t take immediate effect. That way, there’s a bit of breathing room to prepare for the return to quarterly payments. A tenant might also want the landlord’s right to terminate to kick in only under specific conditions, such as: 

  • When the tenant’s profits (or turnover) hit a certain level 
  • On a set date agreed in advance 

When the monthly rent arrangement ends, it’s normal for the landlord to expect any outstanding sums to be paid off, including interest on any balance. 

It’s also common for the landlord to include a clause saying the concession ends automatically if the tenant doesn’t stick to the agreed terms or breaches any part of the lease. This helps underline that monthly payments are a concession, not a permanent change, and can encourage tenants to stay compliant, even during tough times. 

One important point for landlords to consider: how this might affect their right to forfeit the lease. Once the monthly arrangement ends, or if the tenant breaches the rent terms, there’s a risk that the landlord’s right to forfeit could be affected. Whether or not that right has been waived will depend on the specific facts and how the agreement has been handled, so it’s something that needs careful thought. 

Additional considerations for monthly rent concession  

For tenants deciding whether to ask for monthly rent concession:  

If you’re a tenant thinking about switching to monthly rent payments, here are a few important things to watch out for: 

  • Watch the impact at rent review. 
    Monthly rent payments might seem like a practical solution now but be careful, they could be seen as a premium in the open market. That might come back to bite you at rent review time if it affects how your rent is calculated. 
  • Check for any stamp duty implications. 
    Changing how rent is paid, even if it’s just the frequency, could trigger extra Stamp Duty Land Tax (SDLT). That’s why it’s always a good idea to get professional advice before agreeing to any changes. 
  • Understand the risks of a waiver. 
    If you’re agreeing to a monthly arrangement by way of a waiver (rather than a formal variation of the lease), it’s really important to remember that the original lease terms still apply. So, if you’re planning to use a break clause or assign the lease, and the lease says you have to be up to date with all payments, you should take a cautious approach. In most cases, that means paying the full quarter’s rent, even if you’ve been paying monthly, by the key date mentioned in the lease (usually the break date or the date of applying for consent to assign). 
  • Be careful if you have a subtenant. 
    If you’ve sublet the property, we’d usually suggest keeping the subtenant on quarterly rent terms. That way, if your landlord decides to end your monthly rent arrangement, you’re not left with a mismatch in payment schedules. Of course, if it suits you and the subtenant, you can always agree your own waiver with them. 

Considerations for the landlord 

For landlords: what to think about before agreeing to monthly rent 

Before you agree to switch a tenant over to monthly payments, here are a few key points to consider: 

  • Check the impact on guarantees. 
    If you formally vary the lease, it could affect any guarantees tied to it, so it’s worth carefully reviewing the lease terms. Also, keep in mind that a tenant asking for monthly payments might be signalling cash flow issues. That could be your cue to look closely at whether the guarantor should be your main source of financial security. 
  • Think about future buyers. 
    A lease variation that binds future landlords (your “successors in title”) might make the lease less appealing if you plan to sell the property down the line.  
  • Be cautious with automatic termination clauses. 
    If you’re including a clause that ends the waiver automatically when a tenant breaches the agreement, be aware that this could potentially be seen as a penalty clause. That can raise legal issues, so it’s worth getting advice on the wording. 
  • Don’t forget rent review implications. 
    Monthly payments could affect how rent is assessed during a rent review. You might want to include a clause to make sure this temporary arrangement is disregarded, in case it pulls the valuation down. Also think ahead, if a rent review takes place late and the rent is increased, how will monthly payments affect the back-payments and any interest owed? It’s a detail that can easily be overlooked. 
  • Avoid unintentionally changing the lease by conduct. 
    If the monthly arrangement comes to an end, but the tenant keeps paying monthly and you keep accepting it, you risk varying the terms of the lease by your conduct. That could limit your ability to enforce other rights, like ending the lease or insisting on quarterly payments again.  

How can we help? 

As the commercial property landscape continues to evolve, flexibility is becoming more than just a nice-to-have; it’s often essential. Whether you're a tenant looking to ease cash flow pressures or a landlord aiming to keep your property let and your income steady, switching to monthly rent payments can offer real benefits. But it’s not without its risks. 

The key is getting the structure right, whether that’s through a waiver or a formal lease variation, and making sure both parties understand the implications. From rent review complications to unintended legal consequences, a poorly drafted arrangement can cause more problems than it solves. 

That’s where we come in. Our Commercial Property Solicitors specialise in helping businesses and landlords navigate lease changes with confidence. We’ll work with you to structure the arrangement in a way that protects your interests, keeps things compliant, and gives you peace of mind. 


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