Common use of SHARING OCCUPATION Clause in Contracts

SHARING OCCUPATION. The standard lease has a curious clause (clause 4.3) allowing NHSPS to permit (by way of a licence) other providers to use the property during times where the tenant practice does not (or is not allowed to) put it to use. For this to be acceptable there need to be stringent controls on the terms of any such licence which should cover, amongst other things: i) preserving patient confidentiality of the practice who represents the tenant, ii) dealing with the need to ensure the cleanliness of the premises is maintained, and iii) dealing with the fact that damage, disrepair and wear and tear caused by the alternate providers use of the premises must be at their cost. This clause should, therefore, be negotiated to ensure that the tenant practice is adequately protected.