Renting out desk space/office share

[bobwal]

Hi, first post here.
I'm looking to get someone to share my office with. I'm guessing this would be classed as sub-letting so I would need a sublease agreement which ties in the terms of the master lease? I would be looking at no long term commitment so something like a rolling monthly agreement.

I have read that I should exclude from my lease the sections from the Landlord and Tenant Act 1954 which relate to security of tenure. Strangely I can't see any mention of this in the master lease.

Any advice would be much appreciated, I want to try and keep this a simple as possible.

Thanks

 

[Anonymouse72]

i'm no expert, but for any type of commercial lease, i'd suggest getting legal advice. they can be an absolute nightmare, even if you think it's a straightforward situation. all angles have to be covered & it's best to be safe than sorry.

 

[Andrew46]

It would probably not be appropriate to create a formal lease.
You might create a licence agreement on a monthly basis which allows non-exclusive use of a part of your office which may be changed by you from time to time.
Check your own lease for clauses which may prohibit or restrict sharing occupation.

 

[bobwal]

Thanks Andrew, I did wonder if a lease would be overkill. I've found a licence online and it's more like what I had hoped to use. I will of course get my own one checked out professionally. Am I right in saying a licence doesn't attract security of tenure?

 

[Andrew46]

A correctly worded licence should not create security of tenure so long as it means what it says and is not a "sham" i.e. dressed up as a licence but in reality creating a tenancy. As long as the arrangement is monthly and does not give any exclusivity of occupation it should not create a tenancy.
You should always get specific legal advice for certainty.