Legal Advice
Can a periodic business tenant Uber Drivers are in occupation of premises obtain what aself-employed lease from their but landlord?
does it mean and what is the impact?
You are a commercial tenant running a business from premises and you now want your landlord to grant you a written lease for a fixed term.
Inbar Rabinovitz
a new lease, the tenant will be lease, perhaps in order to grow You may have been paying rent resolve the dispute which could be Employment Solicitor or sell your business, you will not monthly or quarterly for some unsatisfactory to both parties and able to obtain a new lease on be able to serve on the landlord years, but your landlord has still the uncertaintly of a court case terms to be agreed or if not a notice under section 26 of the not given you a fixed term lease. could be avoided by agreeing agreed as determined by the employed model to that which used. to even logging drivers upon off the appterms. for 1954 Act requesting a new lease. One can of the publicised Supreme What you most do to force the lease court. Accordingly the Uber landlord right to do only applies landlord’s hand? cannot simply any whether terms a this specific period of timeOne if they not the landlord Court decisions at the moment The is the These businesses shouldimpose consider way did in which to tenants whose tenancy was it wishes theemployees court will look regularise to truly intend Rights under periodicagainst Uber hit a term certain number of can fares in a setthe position isthey case that wasabrought forand their to granted for a fixed certain at the implied terms of the periodic serve aelement written notice under tenancy timeframe. There is even an to determine whether Uber drivers exceeding one year or for any be self-employed under Employment tenancy when considering what section 25 of the 1954 Act term and thereafter from by year It is likely that you are a periodic of control Uber with terminating regards to the thetenancy andlegislation and are considered workers or actually just be forinserted tax purposes. termsnot should in the to year. tenant and if you have been in whether communication that thestating drivers and or not the landlord self-employed as the company newislease. If the answer a resounding yes, so they occupation of business premises So what should the tenant have do? as to prevent is willing the to grant a new lease and passengers drivers believes. landlord is therefore likely to will need toThe look at their current processes paying rent for more than if so on what terms including rent Negotiate with your be agreeable to grant need a leasetotobe from forming a working relationship with 12 months, you will have become and see whether any changes and length of lease. a periodic tenant especially since a longbusiness legal battle this, thelandlord the passengers beyond that ride. aAfter protected tenanton with in order to ensure thatwithout the If the landlord opposes the implemented grant it cannot increase the rent the rights granted by the Landlord Supreme Court determined that Uber A periodic protected tenant should of a new lease, then it may independent only contractors are indeed given first terminating the lease under & Tenant Act 1954 Part 11. be in a strongIn position to this negotiate light of landmarkrefuse decision, manygrounds set out drivers are landlord considered workers which on certain As such the cannot thethat Act,isand the position will a new lease with the landlord who the freedom intended for those in the statute, most will inevitably realise that theycommonly meansterminate that Uber drivers to be keenbusinesses simply your lease are by entitledwould remain uncertain. to regularise the refusal on the grounds of self-employed individuals. giving one month’s notice. needa to consider similaryou benefits to employees, even position. if not Without lease, the their own workforce’s Taking legal advice persistent rent arrears, being able unilaterally status and whether any It to serve you with employment all.would This need includes Statutory sick pay,landlord paid cannot to demonstrate an intentionThere to is noItdoubt thislegal is a advice much first is bestthat to seek increase the rent, or regulate the aannual statutory notice under the 1954 changes need to be implemented – leave and national minimum wage. occupy the premises for its own before finalising termsbusinesses in principle use of the premises or prevent more complex area and many Act giving you not less than 6 nor use or an intention to redevelop. because with your landlord to ensure that the tenant from sharingan employer that believes that more than 12 months’ notice and are likely to be concerned by this decision, A main consideration thattothe Supreme the terms of the new lease are not The landlord its are self-employed, occupation or its assigning workforce formust demonstrate you will then have the right especially with over 5 million people the ability to do these things if onerous and reflect the termsinof tenancy. thatwould the not have budget for Courttolooked at, for anda which is important in It is unlikely apply the court new lease example, necessary by producing plans and your existing oral gig-economy. tenancy. Where landlord could easily sell its the UK working within the on terms to be agreed or decided employment law, is who has the control and sick pay which are crucial specifications and the necessary interest in theholiday propertypay while there is a dispute with upon by the court. Therefore, our expert team are the on landlord hand in the employer / employee relationship. entitlements and employees. permissions. This can a protected periodic tenant of workersplanning and the landlord is taking steps to Can you require the to to help support businesses and without individuals In this instance, the Supreme Courtcontiuues in occupation for an make it difficult for a landlord terminate the tenancy landlord grant new regainmade possession. through any transition periodnew whilst they offering acceptable lease The decision has now been and we concludedto that Uberahad significantindefinite period. lease? it will be important to seek If the tenant is a on protected ensure thatterms, With oral tenancy agreements if the parties are both content now need to consider the implications control over the drivers’ work – from legal advice as to your rights and business tenant If the time come that youto customers a dispute arises the court would with and understand the relationship. business that may utilise a similar self-and the landlord setting thehas fares charged how to protect your position. does not have grounds to oppose need the certainty of a fixed term need to hear evidence and try to
Our expert please employment solicitors be pleased to advise. If you need expert legal advice, contact Alan will Zeffertt by email on aze@anthonygold.co.uk or ask for him or aRabinovitz member ofif our Property Team, telephone 020 7940 4000. Please contact Inbar you Commercial would like assistance: inbar.rabinovitz@anthonygold.co.uk
Anthony Gold Solicitors specialise in many different areas of law Our solicitors are experts in their fields. We are negotiators and litigators,
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