Working on the basis that owners of property like to make their surplus space earn income, or at least not be a liability, this article looks at methods of allowing third parties to occupy commercial space on a short term basis, and potential hurdles that need to be overcome when doing so.
Background
Life would be very much simpler if we did not have to operate within the confines of the Landlord and Tenant Act 1954 Part II ("the 1954 Act") which, by way of a reminder, generally applies to periodic tenancies for in excess of six months where the property is occupied "for the purposes of a business carried on by him and for those and other purposes".
The effect of this legislation is that, with any business letting, a Landlord may well find that its attempts to regain possession at the end of the lease term are thwarted by the Tenant's claim that it has the protection of the 1954 Act. Any such claim may be based upon some form of written document (such as a lease or tenancy
