Archive of Henry Lydiate‘s Artlaw column, published in Art Monthly since 1976. Have a legal question about your career? Check our Directory or send us a legal query.
In what circumstances can I sublet or share my studio space?
You must check that your lease permits either subletting (temporarily or permanently leaving your studio and renting it to someone else) or sharing before agreeing this with someone else.…
What kind of access can I expect in a studio or property?
The use, access and management of a property are key issues that can often be overlooked by artists when negotiating a contract. For example, if you have a…
What health and safety considerations are there?
Health and safety issues are often dealt with in a separate document called ‘the tenant’s handbook’. Make sure you receive a copy of this and that any issues not addressed in your lease…
What materials might I not be allowed to work with in my studio?
You must be aware of the ‘permitted uses’ of your studio. Often the landlord will want you to specify the actual nature of your art practice, as…
What is the difference between a work/live and a live/work space?
There is an important difference between work/live and live/work spaces due to the planning requirements of local planning authorities. In work/live spaces the emphasis is on the space being…
What is a ‘break clause’?
Coupled with the need for security in your property contract is the need for some flexibility, as you may need to leave your studio unexpectedly. Some landlords acknowledge this need for flexibility by incorporating a…
Can I negotiate the lease / licence with my prospective landlord?
You will often be presented with a document described as the landlord’s ‘standard document’, the implication being that its terms and condition are non negotiable. This certainly does not…
What other costs might I be liable for when renting a studio?
There are a number of extra costs that you will be liable for when you rent a studio, exactly as with a residential property. These include electricity, gas,…
How much deposit would I expect to pay?
The landlord will usually ask for a rent deposit. This is a lump sum held by the landlord as security against your not paying future rent, or damage caused during your stay…
What counts as an affordable rent?
An ‘affordable studio provider’ is an organisation managing buildings (or parts of buildings), providing affordable studio spaces. An affordable rent is usually considered one third of the open market rent.
What kinds of contract might I be expected to sign when taking on a property?
When signing any document it is essential that you understand its contents. The written agreement which you enter into for “renting” your studio will either…