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JGM, Solicitor
Category: UK Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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My father has a commercial tenant in a property he owns. The

Customer Question

My father has a commercial tenant in a property he owns. The tenant runs a chiropractic clinic from the premises. He recently asked my father if he could transfer the 3 year tenancy agreement to his son, who would run his own business from the premises. My father said that shouldn't be a problem and provided the existing tenant with a solicitors quote for the assignment. The tenant said the quote was too expensive and for 3 months there was no further contact. It now turns out that the son has been running his practise from the premises shortly after contact ceased,and the father has retired. Would the building insurance on the property still be valid, with an unauthorised tenant in occupation?
Submitted: 2 years ago via InBrief.
Category: UK Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The buildings insurance should be OK as the tenant is normally unnamed on the policy and the use of the premises hasn't changed. That doesn't change the fact that the retired father is in breach of the lease by not getting landlords consent and a formal assignment of the the lease. He is presumably paying the rent but the difficulty is if he breaches any condition of a lease he isn't pay to.
Your father should try to regularise this, but the insurance shouldn't be affected. Your father may want to double check that with his broker to be quite certain.
Happy to discuss further.
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