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Question

Types of Tenancies (England)

House belongs to Workmens Social Club

10 May 2017 | 1 comment

I have been asked to Manage a house which is owned and attached to the Workmens Social Club. The door from the house to the club is blocked up. Would the tenancy be residential or commercial?

Answer

1 Comment

  1. guildy

    As a general basic rule, the type of tenancy required is determined by the use of a property, not what the building is.

    Therefore, if the property is to be used as somebodies home, it will be a residential tenancy (and usually an assured shorthold tenancy).

    One thing to just check in this particular case though is the licence held by the club.

    The tenancy cannot be an assured shorthold tenancy if the:

    dwelling-house consists of or comprises premises which, by virtue of a premises licence under the Licensing Act 2003, may be used for the supply of alcohol (within the meaning of section 14 of that Act) for consumption on the premises.

    A licence under the licensing Act 2003 will have a floorplan outlining the area covered by the licence. It’s highly unlikely the licence will extend into the house but if it did, it would need to be a contractual tenancy and not an assured shorthold tenancy. If in doubt give an AST (assuming it is to be the tenants only or principal home).

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