Call now - 020 8866 6464

The Sethi Partnership Solicitors

The Barn House, 38 Meadow Way,
Eastcote, Ruislip, Middlesex
England, HA4 8TB
Existing clients tel: 0208 866 6464

info@sethi.co.uk

Call now - 020 8866 6464

The Sethi Partnership Solicitors

The Barn House, 38 Meadow Way,
Eastcote, Ruislip, Middlesex
England, HA4 8TB
Existing clients tel: 0208 866 6464

info@sethi.co.uk

Licences for Occupation

EXPERIENCED, TRUSTED, EFFECTIVE

A licence is personal permission for someone to occupy accommodation. It does not give the licensee a legal interest in (or control of) the land. Without the licence the occupier would be a trespasser. A licence can be fixed term or periodic.

A licence is not a lease: it is a personal right or permission that offers no security. The distinguishing feature of a lease, as opposed to a licence, is that the tenant has exclusive possession of the let property.

Landlords should always be cautious when granting a licence as in certain circumstances, if a licence fulfils the characterises of a lease a tenancy will be created. Should a tenancy be created the occupant could benefit further from security of tenure under the Landlord and Tenant Act 1954. The leading case is the House of Lords' decision in Street v Mountford [1985] AC 809 which was more recently reinforced in Clear Channel UK Ltd v Manchester City Council [2005] EWCA 1304.

Examples of where licences can be used are between a landlord and tenant between exchange of an agreement of lease and the grant of a lease. The use of a hall for periodic fitness classes, the use of a room for lecture, co-working arrangements.

Contact our property solicitors in Ruislip, Middlesex

To discuss licences for occupation, call our property team today on 020 8866 6464 or complete our online enquiry form and we will be in touch.

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