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Short term occupation

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Short term occupation which agreement to use?

A landowner’s income from a short term agreement to occupy can often be low and without any guarantees as to how long that income will last.  They are likely therefore to want to put the arrangement in place quickly and at minimal cost.  

The temptation is to enter into a short and simple agreement that, whilst providing flexibility to both parties, does not accurately reflect the reality of the situation.  The court has made it clear that an agreement is determined by its nature rather than its label.   

By entering into the wrong type of agreement that does not reflect the reality of the arrangement, there is a risk that a landowner may inadvertently grant the occupier rights that could have otherwise been excluded or regularised if the correct agreement had been agreed in the first instance.  It is therefore essential that when entering into an agreement for occupation, appropriate advice it obtained to ensure it is the correct agreement that is used and one that accurately reflects the circumstances of the arrangement.  

Contact our Commercial Property Team on 01904 624185 for more information and advice.

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