The Tenancy Trail

Answer – company lets

Tenancies to limited companies cannot be an occupation contract.  This is provided by section 7 of the Renting Homes (Wales) Act 2016, which refers to renting to an ‘individual’ – a limited company cannot be an individual.  So, as in England, letting to a company will be a ‘common law’ or unregulated tenancy.

Note that before renting to a company, you should always check that it is a ‘real’ company by doing a search at the  Companies House website

Tenancies to companies are known as ‘company lets’.  For it to be a residential tenancy, it must be for accommodation for the company’s directors or employees.  This is the nearest that a company (which is an artificial person, created for legal convenience) can get to living in the property ‘itself’.

Landlord Law members will find information about common law tenancies  here and a company let agreement which can be used for this purpose via the  Documents and Forms page.

Note that if the property is let to a company for the purpose of subletting to other tenants, then this is a business tenancy and not a residential one.

Landlords need to be very careful about this, and particularly renting property on a ‘rent to rent’ basis to someone for the purpose of subletting.  Watch the video  here which gives details of some of the (extremely serious) problems which can occur if care is not taken.

We have some training on ‘Rent to Rent’ which you can  read about here.