Licence or Lease

[notverynice]

Need a bit of advice on a commercial document claiming to be a licence but I think its a lease.
The document also uses words such as licensee and licensor though im led to believe that this doesnt always mean its a licence.

I understand that there must prove exclusive possession so was wondering if the following points would help clarify this.

• It doesnt specify the landlord has any right to enter the property.
• It states that the lease is contracted out of tge LTA 1954.
• I pay the business rates to the local council (in my name).
• I am assigned parking spaces as shown on a drawing.

Whats your thoughts?

 

[kulture]

I think you should go see a solicitor, taking your documents with you, and ask them the real question, which you have not here.

 

[WaveJumper]

Point two: it’s outside the ‘landlord and tenant act’ giving you less protection, get yourself some proper legal advice

 

[ComPropSolicitor]

Licences easily become Leases - typically because of difficulties associated with granting a Licence (which cannot give an occupier exclusive possession). Obviously, nearly always it does.

 

[WaveJumper]

Remember my lawyers quoting something like:
“A cat does not become a dog because the parties have agreed to call
it a dog”.

Or something like that -