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When is a Licence to Occupy Appropriate for Commercial Property?

legal
RishitaRishita

Rishita

Author

27th Aug 2025

🕰️

4 min read (695 words)

Introduction

Licence to Occupy (LTO)  gives a party temporary, non-exclusive use of a commercial space. It is widely used for  pop-up shops, serviced offices, interim projects, or flexible co-working . Deciding  when to use a licence to occupy instead of a lease  is crucial for landlords, property managers, solicitors, and commercial occupiers as it defines rights, regulatory risks, and long-term security.

Understanding the Basics

Licence vs Lease Commercial Property:

licence grants temporary, personal rights ; it is non-exclusive, easily revocable, and does not create a legal interest in land.

A lease provides  exclusive possession, statutory protections, and a stronger legal interest ; leases over 6 months typically fall under the  Landlord & Tenant Act 1954 .

Compliance:

Licences avoid many statutory lease burdens, but risk being reclassified if not drafted carefully ( Wright Hassall ).

Quick Advantages/Disadvantages:

Typical Scenarios Where an LTO is Appropriate

  • Short-term office use : Suitable for project teams, serviced offices, or when early access is needed between exchange and lease completion.
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  See Leanspace Vacant Space Solutions  for more short-term commercial arrangements.

Timing Considerations

Decision-Making Framework

Ask:

If your needs favour flexibility, speed, and short-term goals, a licence to occupy is likely the best choice.

Practical Examples & Unique Use Cases

For tailored arrangements, see Leanspace , where we also market your vacant office space on Hubble .

Key Advantages & Limitations

Advantages

Limitations

Key Legal Considerations & Compliance Tips

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Conclusion & Call to Action

Licence to Occupy is the go-to choice for temporary commercial agreementsshort-term occupancy, or flexible office arrangements where speed, agility, and reduced commitment are priorities. However, legal care is essential to avoid creating an unwanted lease or losing rights.

Moving forward, consider:

Downloading a sample Licence to Occupy template

Booking a consultation with a property law advisor from the Leanspace partner network