Shop and Restaurant “Pop-up” Leases and Licences
These Shop and Restaurant “Pop-up” Leases and Licences offer a wide selection of easy to use templates for the letting of short-term shops and restaurants. "Pop-up” shops or restaurants typically occupy small areas of retail space for a short period of time and can give tenants the chance to try out a new retail business or enable them to attract custom during a particular season (e.g. Christmas) or at a limited-duration event (e.g. a sports tournament). These documents can be helpful to landlords where the emphasis is on speed and simplicity. The documents are short and cover the basics: rent, rates, use, termination.
Care should be taken to ensure that a "Pop-Up" use is permitted under planning law. Planning permission is however not usually needed for a use that does not continue for more than 28 days in a 12-month period. The use is likely to need the correct permission for terms longer than 28 days.
The landlord will need to decide whether to offer space on a lease or a licence. A lease is a more formal arrangement where the tenant has exclusive use of the retail space (and effectively “owns” it) for a specified term. Tenants with a lease can acquire security of tenure (the right to remain in occupation and to renew the lease at the end of a term) but not where the term of a lease is 6 months or less (provided the tenant has not already occupied the premises before the start of the lease term). Licences give the "licensee" the right to use space but without “ownership” of it. There is no right to remain or renew at the end of a licence. The lease/licence distinction is essential where a term is over 6 months .
To keep within this exception, these Shop and Restaurant “Pop-up” Leases and Licences should only be used for a term of 6 months or less and should not be used if the tenant is to be allowed to remain in the space once the term has expired. For longer lease terms one of the other forms of shop or restaurant lease should be considered.
Please click on the links below to view the available documents.
For use in England and Wales only
- Lease for Pop-Up Shop in Self-Contained Retail Unit
- Licence to Occupy for Pop-Up Shop in Self-Contained Retail Unit
- Lease for Pop-Up Restaurant in Self-Contained Premises
- Licence to Occupy for Pop-Up Restaurant in Self-Contained Premises
- Lease for Pop-Up Shop in Shopping Centre
- Licence to Occupy for Pop-Up Shop in Shopping Centre
- Lease for Pop-Up Restaurant in Shopping Centre
- Licence to Occupy for Pop-Up Restaurant in Shopping Centre
- Licence to Occupy Pop-Up Retail Space Within Shop or Other Building
- Licence to Occupy Pop-Up Retail Space Within Tent or Other Temporary Structure
- Fit-Out Consent Letter
- Regulations for Occupiers of a Multi-Let Building
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