The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015), came into force on 1 October 2015 and amended the Landlord and Tenant Act 1954 by excluding home business tenancies from the security of tenure provisions contained in Part II of the LTA 1954 (section 43ZA, LTA 1954).
To establish whether you have a home business tenancy, you must have a residential house which is let as a separate dwelling to one or more individuals. The tenancy must:
- require at least one of those individuals to occupy the dwelling-house as a home;
- permit a home business (a business of a kind which might reasonably be carried on at a home) to be carried on at the dwelling-house, or for the landlord to consent to a home business being carried on; and
- not permit a business other than a home business to be carried on.
This exclusion does not apply:
- if the tenancy was granted before 1 October 2015; or
- if the tenancy was granted on or after 1 October 2015 pursuant to a contract made before that date; or
- if the tenancy has arisen by operation of any statute or law at the end of a tenancy granted before 1 October 2015 or pursuant to a contract made before that date.
If you would like to discuss further, then please contact Lily Meyer of Morrisons Solicitors Commercial Property Team in Wimbledon on 020 8614 4590 or by e-mail on [email protected].