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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?



  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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