EM Law are experts in drafting, negotiating and advising clients on commercial property licences. Our lead commercial property lawyer is Razina Akhtar who has extensive experience in advising clients on a wide range of commercial property matters.
What are commercial property licences?
In essence, a licence is simply permission for a licensee to do something on a licensor’s property. The permission given to the licensee prevents the permitted act from being a trespass.
A licence is by definition not a lease: it is a personal right or permission that offers no security.
A licence entitling the licensee to use the land for the purpose authorised by the licence does not create an estate in land. A licensee’s occupation is precarious. If the landowner sells the land (even to a group company), the licence will end, although the licensee may have a right of action against the original licensor for breach of contract.
The distinguishing feature of a lease, as opposed to a licence, is that with a lease, the tenant has exclusive possession of the let property.
Commercial Property Licences: examples of situations where a licence to occupy can be used
Some examples of where a licence to occupy may be encountered include:
Commercial Property Licences: advantages
Commercial Property Licences: disadvantages
For any questions you may have concerning commercial property licences contact Razina Akhtar.
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