Short-term and Flexible Commercial Occupation Agreements

Even before the coronavirus outbreak, occupiers were increasingly demanding shorter leases and more flexible terms of occupation. Flexible office accommodation, and retail pop-ups and other short-term arrangements have become a fact of life. The experience of Covid-19 has accelerated the trend. At the same time, landlords needing to regularise informal occupation are looking for reliable, inexpensive solutions. There is pressure to keep transaction costs down, and to avoid going over the top with lengthy, formal, legal arrangements. Licences to occupy and tenancies at will are often used to document short periods of occupation quickly and cheaply. Very different considerations apply to each, and it is essential to have a thorough familiarity with the issues when agreeing with your client how to go about things.

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Learning objectives:

• Recognising the appropriate use of licences to occupy, and the risks
• The role of solicitor and letting agent – how far can a non-lawyer go in documenting matters?
• Resisting the temptation to ‘improve’ upon the concept of a tenancy at will
• The significance of whether there will be any sharing of space
• Compliance with alienation covenants in superior leases