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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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A new tenant moved into my commercial premises on 21st

Customer Question

A new tenant moved into my commercial premises on 21st March 2015 under a 1 month fixed term 'Licence to occupy premises' and this was in advance of the terms of a two year Law Society Business Lease being agreed between us. Unfortunately agreement has not been reached and this seems unlikely. The tenant has made one rent payment under the terms of the Licence.
My question is - does the tenant have any legal rights as to future occupancy without a lease being signed as a result of a Licence formerly being entered into? I would like to reclaim the property.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi Marnie,
Thanks for your question.
What does the licence say about eviction please?
Kind regards
Customer: replied 2 years ago.
Hi tom,No mention of eviction in the Licence - just a fixed term of 1 monthbw
Expert:  Thomas replied 2 years ago.
Hi Marnie
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If no lease has been granted and it is a simple licence to occupy then they will have no security of tenure. This means that once the licence has expired they will have no automatic right to apply to court for a lease.
It basically means that if you wish to evict them then you can, because they only way that they could continue to occupy the premises is if you granted them a further licence or granted them an actual lease or otherwise allowed them to stay in the property.
Even if they were able to argue that the licence you have granted them is actually a lease they would still not be able to seek a new lease at court because this only applies to leases with a fixed term of more than 6 months.
They have no grounds to stay in the property if you don’t wish them to, basically.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Customer: replied 2 years ago.
Thank you Tom, very helpful. bw Marnie
Expert:  Thomas replied 2 years ago.
Thanks, ***** *****