If premises are rented and the contract states that they are to be used for a specific activity, the landlord is responsible for ensuring that the activity can be carried out…
Where a lease of premises states that the premises are to be used for a particular activity, the lessor is liable if the activity cannot be carried out:
One of the landlord’s obligations is to maintain the tenant in the peaceful enjoyment of his rights, and this includes the use of the premises for the intended purpose.
If the landlord breaches this, the tenant can request termination of the contract and damages.
One of the points that often cause problems is the change of name of the business licence from the old tenant to the new one. This is a procedure that is carried out by the tenant with the documentation provided by the landlord; however, if this documentation is not adequate, the local council will not grant it and the tenant will not be able to carry out the activity. On this point, in general, the courts consider that, if it is not possible to use the premises for the activity to which it should be dedicated according to the clauses of the contract, the tenant may terminate the contract. Moreover, the handover of the premises without the necessary conditions to fulfil the agreed purpose (including the licence) entails a breach of the hirer’s obligation to hand over the premises.
In short, the impossibility of obtaining the activity licence can be considered a breach of contract by the lessor, so it is important to bear this point in mind when signing a lease of premises.
Our advisors will study your case and will guide you on how to draw up the lease contract for premises in order to be covered in any circumstance and not have problems with the activity licence.