Q&As

Where a lessee of a mixed commercial-residential property wishes to sublet the residential premises is a standard assured shorthold tenancy appropriate? Is there any alternative?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk

Published on: 27 November 2019

Where a landlord (whether as freeholder or lessor) wishes to let or sublet a mixed use property comprising of both commercial and residential premises, care must be taken as to the form of the tenancy (or tenancies) used. In order for a tenancy to be an Assured Shorthold Tenancy (AST), it must satisfy the provisions of section 1(1) of the Housing Act 1988 (HA 1988) (which relates to assured tenancies (ATs) but by virtue of HA 1988, s 19A, an AT coming into being after the coming into force of the Housing Act 1996 will be an AST). Such a tenancy must be one that relates to a dwelling house

Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).