Occupation of premises for business purposes – lease or licence?

London College of Business Ltd v Tareem Ltd (1) and Montague Management Ltd (2) [2018] EWHC 437 (Ch) (Mr John Martin QC sitting as a deputy judge) (7 March 2018)

This case considers the legal position in relation to the occupation of premises for the purposes of business under an unusual document termed a licence, but where, at the end of the day the occupier paid a rent and service charge and had exclusive possession for a fixed period. On the facts the judge found the occupier occupied the premises pursuant to a written agreement which amounted to a tenancy to which the security of tenure provisions of the Landlord and Tenant Act 1954 (LTA 1954) applied.