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Question

Types of Tenancies (England)

license agreement and commercial lease

6 Jun 2018 | 3 comments

Tenant was given a license for 3 months in what is a residential terrace house, after 6 months tenant and LL agreed to enter into a commercial 10 year lease and had it drawn up and agreed so tenant could carry out a business there, Ultimately the change of use was denied and now the tenant owes 3 months rent based upon this lease, could we use S8 to evict?

Answer

3 Comments

  1. guildy

    Is the tenant occupying as their main home at the moment? Did the lease have any provision for what could happen if commercial planning was refused?

    • eden2011

      Yes main residence and nothing in the commercial lease about being approved or not

  2. guildy

    Bit tricky as not entirely certain if honest but can’t see why section 8 couldn’t be used. It’s potentially a 10 year AST or in the alternative, the commercial lease doesn’t exist now (as it’s incapable of operating) and as such it’s just a periodic AST in existence. Either way, section 8 is available (assuming it’s an AST).

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