Right to remain

In order to build up the value in a business, it is important for tenants to be able to occupy premises for as long as they wish. However this is particularly important for dentists, especially if a practice has a location based PCT contract which can make it difficult for dentists to relocate their practice. This means if a dentist cannot stay in occupation of their property, they risk losing the value that they have built up in their business. When negotiating a lease of premises, this is something that dentists need to be aware of.

Statutory rights

Unless specifically excluded, a lease of business premises will usually have rights of security of tenure by way of statutory provisions contained in the Landlord and Tenant Act 1954 (the ‘54 Act). If these rights apply to a dental lease, it means that the dentist would generally have a right to stay in the property after the lease comes to an end. There are a number of conditions that must be complied with for these rights to apply. However most dental leases will satisfy these conditions.