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  • Commercial Property

    Retail AST/lease?

    I have owned a small retail unit for a few years, letting my partner use it for her hairdressing business. She has now retired, and a barber wishes to use it on the "rent a chair" basis. He's agreed to take it on for 6 months or a year on a trial basis, and wants some sort of agreement to sign.

    Is there a standard AST/lease/agreement for this sort of thing, or do I need to approach my solicitor? Any advice would be welcome.

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    Hi John, that sounds more like a license to occupy.
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    Chartered Accountant, Tax Advisor and Mortgage broker

    (and BTL portfolio owner)

    stuart@johnsonsca.com

    02039077022

    This is a business use and so ASTs do not apply.
    You need to be careful not to accidentally grant the tenant security of tenure under the Landlord and Tenant Act 1954.
    You may be able to do something using a 'tenancy at will'. Alternatively it may be a business lease and you expressly contract out of the security of tenure provisions.
    If it was me I wouldn't do anything without speaking to a Commercial Surveyor or a solicitor dealing with commercial property.
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    Rural Practice Chartered Surveyor. Experienced in estate management, residential investments, planning and development and rights for utility apparatus. All comments are for casual information purposes only. If you wish to rely on any advice I have given please ensure you obtain independent specialist advice from a third party. No liability is accepted for comments made.