»Ê¹ÚÌåÓýapp

»Ê¹ÚÌåÓýapp grant of an interest in a partially let building is capable of constituting the transfer of a business as a going concern (TOGC) provided that the transferee continues with this property letting business. This is the situation that happened in the case of Robinson Family Limited ([2012] UKFTT 360 (TC),TC02046) where the transferor agreed heads of terms in relation to one floor of a three storey building, and the transferee granted a lease of this floor.

It is also worth noting that the Upper Tribunal in Royal College of Paediatrics and Child Health (and 1 other) [2015] UKUT 0038 (TCC) did not take issue with the fact that a tenant only occupied a single room � that appeal failed because the tenant had been introduced by the buyer and had never been part of the seller’s business.

»Ê¹ÚÌåÓýapp position is less straightforward in cases where land is sold and only a small part of the site has been used for economic activity â€� for example rent received from an electricity sub-station, or the granting of a right to place advertising hoardings, or the provision of off-street parking. Whether or not the sale of the whole of the land will constitute a TOGC will depend on the facts of each case. It will often be a matter of degree.