Commercial property licence

To occupy business premises
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Key features

This licence agreement provides the legal framework to let spare office rooms, workshops or other business premises to other businesses without creating a lease under the Landlord & Tenant Act 1954.
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  • Scotland
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  • Length:2 pages (465 words)
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About this document

This short agreement grants a licence to occupy rooms or space for business use.

The licensor may be the owner of the premises or a tenant (with permission to sublet) who wishes to let an unused area of the building.

That it doesn't create a lease will be the most important feature for most users. A lease creates an interest in land and gives the tenant additional rights - particularly with respect to a right to stay in the premises when the lease term expires (known as security of tenure). A licence agreement does not give the licensee the same rights to stay.

The other significant difference between this agreement and a lease is that rent is not controlled, that is to say that with a licence, the licence fee can be increased at any time (although it would be prudent to give reasonable notice) and without the licensee having rights to challenge increases.

This agreement includes minimal and usual provisions in simple format, specifically to avoid it being interpreted as a lease under the Landlord & Tenant Act 1954. What is excluded is as critical as to what has been included.

The document might be used to:

  • let spare office rooms, unused workshops or warehouse space to another business
  • bring in another trader on a shop floor
  • let office space on a short term, flexible basis, for example as an 'incubator' area for start-up businesses
  • let a parcel of spare land to another business to store vehicles or machinery

Importantly, this template licence to occupy commercial premises does not contain provisions that might suggest that the arrangement is is lease, giving security of tenure. In particular, it does not:

  • grant exclusive possession of the premises
  • provide for a fixed term
  • reserve any rent

Alternative documents

If you need a lease rather than a licence to occupy, we have a large collection of lease templates for all types of business property.

This document is not suitable for letting residential property. For that, see our standard residential property licence agreement.

Contents

  • Property details
  • Licence fee
  • Licence fee inclusions
  • Payment provisions: all payments the licensee might have to make including service charges
  • Use allowed: restrictions on how the occupier can use the property
  • Positive and restrictive covenants on what the licensee may and may not do
Sample commercial property licenceSample page from the commercial property licence to occupy

Recent reviews

Stress Relieved
29 August 2023
the site was simple to navigate, good value and offer of ongoing support not needed, but welcome

nigel
Nigel Kenneth
Great Value
11 April 2021
Value for money, options when purchasing, simple template and clear guidance information.
STEWART MOUNTFIELD
Perfect For Now
08 December 2020
Good documents, laid out in plain English, the commercial property documents we have used are perfect for our requirements (which in our case were quite straightforward; I'll look forward to a 'next time' when something more complex is on my shopping list.
Heather Fenn
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