Q&As

Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?

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Produced in partnership with Matthew Haynes of St Ives Chambers
Published on LexisPSL on 05/12/2018

The following Property Disputes Q&A produced in partnership with Matthew Haynes of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?

Would an option to renew within a genuine licence to occupy arrangement mean there is a risk it could be construed as a lease?

For the purposes of this Q&A, it has been assumed that scenario relates to commercial premises. The nature of the option to renew has not been specified.

The issue of lease or licence was recently considered in London College of Business Ltd v Tareem Ltd, a case where the written agreement was ostensibly a licence yet a tenancy

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