Choosing between protected and unprotected tenancies
- Practical guidance on what the law means for you
- Straightforward explanations
- Easy at-a-glance layout
This handy guide will help you to choose between a protected and unprotected business tenancy, explaining why the differences matter in an easy to read chart.
It includes:
- a quick guide on how to tell whether your tenancy (or the tenancy being offered if you are in the process of choosing one) is protected or not under the Landlord and Tenant Act 1954;
- the main differences between the two; and
- which is best for your business.
Our guide to choosing between protected and unprotected business tenancies will help you understand what it is you are really being offered by a landlord so you can make a properly informed choice that works for you.
Q&A
When should I use this document?
You can use this guide if a landlord is offering you a choice between a protected and unprotected tenancy, or if they have only offered you one option and you want to know whether it is right for you.
This guide to choosing between protected and unprotected tenancies can also help if you have been asked to sign documents declaring ‘you are being offered a lease without security of tenure’ (an unprotected tenancy) and are not sure whether you should. It helps you get to grips with the difference between protected and unprotected business tenancies, and why it could matter to your business.
Before you sign anything, download this easy guide to be sure you are making the best decision.
What does this document cover?
This guide to choosing between protected and unprotected tenancies covers three things.
First, there is guidance to tell whether what you are looking at is a protected tenancy or an unprotected tenancy.
Second, it explains why it makes a difference which one you have by comparing the two on key points like rent, security and whether you get compensated if your landlord refuses to renew at the end of your tenancy.
Finally, this guide helps you to decide whether it would be best for your business to have a protected tenancy or not, depending on your needs.
Why do I need this document?
This guide to choosing between protected and unprotected tenancies is important for you if you are not sure of the difference between the two and are looking at renting business premises. It can also help you if you are not sure whether your existing tenancy is protected or not.
It will help to avoid you simply going along with whatever type of tenancy your landlord offers you without question. You may or may not be in a position to negotiate with them to change it, but with the benefit of this guide you will go into the arrangement with your eyes open.
Where can I find out more?
For full guidance on how to choose business premises, see Choosing business premises and negotiating terms, and for a handy downloadable comparison table, see Choosing your business premises.
After you have made your choice, you can find straightforward guidance about negotiating a new tenancy or licence agreement (including for shared or serviced offices), at Negotiating terms.
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