Premises form the most crucial aspect of any practice as without them it is quite simply impossible to provide a service. Furthermore it is not possible simply to find alternative premises down the road. Planning issues are always of paramount importance and particularly in the case of NHS premises, the DV and NHS England have a significant impact on what you may wish to do.
Rights to occupy premises can arise in a variety of different ways:
- Through owner-occupation.
- Through being a tenant under a leasehold arrangement.
- Through occupying premises owned/leased by a third party by way of a Licence (which offers no “legal interest” in the premises but simply offers “permission” to occupy
Whether you are an owner or an occupier, it is essential to ensure that the basis of your occupation is clearly documented in order to avoid a subsequent dispute. From the owner’s perspective, it is crucial to ensure someone you regard as a mere occupier, should not acquire rights over your premises. On the other hand, as an occupier, you would wish to ensure that the owner would not be in a position to eject you, thus denying you the opportunity to continue your practice.