Search

How can we help?

Icon

The Benefits and Pit-falls of Shared Work-Spaces

Shared work-spaces are designed to accommodate flexible, agile working and are gradually becoming more widespread in the commercial property market. The appeal is obvious; affordable, shared, serviced work-hubs where the Tenant can rent a space, nurture their business and share ideas with like-minded cohabites from a diverse range of backgrounds. The idea appears both logical and genius! But what are the advantages and disadvantages of this model for both the Landlord and Tenant?

For the purposes this article, we will consider the situation from the Landlord’s perspective. The appeal of shared work space for the Landlord is obvious; if they have surplus office room, desk spaces etc. they can earn extra income from renting out this space, but the model is not without its pit-falls and disadvantages.

The Landlord should, firstly, consider their own lease Most standard, commercial leases contain provisions restricting the Landlord’s ability to share their premises or to sublet all or part of them, although a common exception is that a Tenant can share their premises with a group company i.e. a company which is for the time being a subsidiary or holding company or another subsidiary of the holding company. The reasons for restricting underletting or sharing are obvious; a Head Landlord wants to be in control of who is in occupation of the premises and would always want to avoid “sitting” tenants who occupy only part of the premises and as a result, make them potentially unlettable when the main tenant vacates. For all parties to be protected, the Landlord should firstly approach the Head Landlord for consent. Of course, the downside is that they may refuse.

The appeal of shared work space for the Landlord is obvious; if they have surplus office room, desk spaces etc. they can earn extra income from renting out this space, but the model is not without its pit-falls and disadvantages.

If, and when, consent is granted the next decision will be how the Landlord and Tenant decide to document the arrangement. There are several options which could be considered; a tenancy at will, a licence or a short-term lease of not more than six months. The first two options have their disadvantages. In relation to the tenancy at will, there must be no suggestion that the tenant can stay for a minimum, or maximum, period and the document must unequivocally state that the Landlord can ask the Tenant to vacate at any time. Obviously, this might be difficult option to sell to any Tenant as it leaves them in a vulnerable position. The second option, a licence, could also be viewed as undesirable as they can often be inadvertently being construed as leases and, therefore, result in a Tenant having security of tenure under the 1954 Landlord & Tenant Act (which allows for a Tenant to hold over after the determination of their lease team). In these situations, the Landlord can only remove the Tenant under highly restricted circumstances.

The safest method to use to document the new arrangement is generally considered to be a lease of not more than six months as this will not attract security of tenure unless it contains a provision for extending the term beyond that six-month period. A second term bringing the total period of occupation to a year would, however, attract security of tenure. To avoid this, the Landlord and Tenant can agree to exclude these provisions of the Act applying to any tenancy. It is a straightforward procedure involving the Landlord serving a notice on the Tenant and the Tenant then providing a declaration (or statutory declaration where the tenancy is to be entered into in less than 14 days) declaring that they understand that they are giving up the rights which would otherwise be conferred by the Act. This option provides security to the Tenant in that they know the duration of their occupation in their shared work-space and the Landlord is not tied into an onerous term with their new agile-workers.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 24 January 2025
  • Privacy and Data Protection

UK Data Protection: A look back at 2024 and what to expect in 2025

On 15 January 2025, Louise Keenan and Shauna Jones hosted our webinar “UK Data Protection: what happened in 2024 and what’s in store for 2025.” Our webinar is available for you to watch, but in this article, we will provide a brief summary of what was discussed.

art
  • 22 January 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s Corporate team advise founder on exit from Bristol based hospitality business

Clarkslegal is pleased to have advised the exiting shareholder and director of a hospitality business in the South West on the sale of their shareholding and termination of their employment.

art
  • 20 January 2025
  • Employment

AI Opportunities Action Plan – The impact of AI on employment

The Government has announced its ‘AI Opportunities Action Plan’ in which it plans to increase the use of AI across the UK to ensure the UK is a world leader in the field. 

art
  • 20 January 2025
  • Immigration

Navigating the ETA scheme: A Guide for Travellers to the UK

Here’s a summary of the most significant changes in UK immigration in 2024 and what we can expect in the year to come.

art
  • 16 January 2025
  • Corporate and M&A

Business Asset Disposal Relief: Changes to CGT Relief and the Consequences for Business Owners

Developing a robust cybersecurity strategy is essential to ensuring value retention, securing sensitive data, minimising risks and a seamless transfer during and after the merger or acquisition.

art
  • 14 January 2025
  • Employment

Is this the end of working from home?

In this article, we explore what legal rights employees and businesses have in this context as well as considering more commercial factors.