{"id":185576,"date":"2023-12-21T01:36:06","date_gmt":"2023-12-21T01:36:06","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=185576"},"modified":"2024-01-21T09:04:22","modified_gmt":"2024-01-21T09:04:22","slug":"bruton-tenancy","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/commercial-lease-property\/bruton-tenancy\/","title":{"rendered":"What is a Bruton Tenancy in Commercial Leasing?"},"content":{"rendered":"\n

There are different methods to document the written agreement of a short-term occupation of commercial property in land law. This could be through a lease, licence or a tenancy at will. It is also possible to enter a bruton tenancy or a bruton lease. Although this is not usually the case, it can occur, and there are some differences between a standard commercial stand lease and a bruton tenancy. This article will explain a bruton tenancy in commercial leasing.<\/p>\n\n\n

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Cheatsheet for UK Leasing Terms<\/div>\n
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This cheatsheet includes practical tips to understand key clauses and avoid disputes in leasing agreements.<\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n

What is a Commercial Lease?<\/h2>\n\n\n\n

A commercial lease is where a landlord allows another business owner to use their land for a business purpose in exchange for rent. The tenant will receive the right to exclusive possession of the space.\u00a0<\/p>\n\n\n\n

A lease is also a legal contract between the commercial property owner, the lessor or landlord, and the business owner who occupies the property, the lessee or tenant. A written lease agreement<\/a> usually accompanies a lease, detailing the rights and obligations of both parties.\u00a0\u00a0<\/p>\n\n\n\n

What is a Bruton Tenancy?<\/h2>\n\n\n\n

When a person grants another exclusive possession of their property for a commercial lease, they must have the legal capacity to do so. Generally speaking, a landlord would own the land or property they are leasing, meaning they have title to the land.\u00a0<\/p>\n\n\n\n

However, a person who grants a commercial lease may not always have title to the property but may still have the legal capacity to give a lease. In this situation, a commercial lease can still exist, and creating a landlord-tenant relationship is possible. A commercial lease forms as long as the grant of occupation of the commercial property is for exclusive possession. Therefore, the tenant can use the property to the exclusion of others, including the landlord, in most circumstances.\u00a0<\/p>\n\n\n\n

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Where a person with legal capacity but not title to the commercial property grants a lease, this type of lease is a bruton tenancy.<\/p>\n<\/div>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n

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