Therefore, a license is generally used for short-term occupations (z.B. for several weeks or months) or if the licensee does not have exclusive occupancy of the property, for example. B a parking lot, a hotel room, a kiosk or a “kiosk” in a shopping mall. Shakespeare may have been prophetic – in a modern legal context, the name of a document or agreement may not reflect its true nature. If you have permission to use another person`s country for specific purposes, you may have entered into a written agreement with the landowner, which defines the terms of your business. The contract can be referred to as a licensing agreement or license indicating that you have the personal right to enter and use the premises. The agreement can also indicate who you need to contact about repairs, rules for tenants, subletting and transfer of your lease. The agreement may have rules for pets, customers or smoking. On the other hand, there is no interest in a licence for the land. The licensee only authorizes the taker to use the country, not exclusively to fill.
Subject to its conditions, a licence may also be terminated contractually or even by refusal by the licensee. The licensee`s appeal against the licensee`s infringement of the licence can only consist of claiming damages, not the occupation of the property. This is used exclusively for commercial leases. They need careful attention to legal development so as not to create a periodic lease that provides security to the occupier. When you rent individual parts, it`s a difficult call. It depends on the actual regulations, but the Court of Justice has tended in recent years to prefer an AST – that is what you should do. This means that there are no circumstances under which you can use a license agreement safely for student accommodation. We have a longer article on how best to rent a room that provides a more detailed explanation. The terms of a tenancy agreement (or licensing agreement) can be negotiated between the lessor and the potential tenant, but in practice, the tenant may not have much leeway to negotiate advantageous terms. The most common opportunities to occupy a property are through an all-you-can-eat lease, license or lease agreement. It is important that tenants and landlords know the difference between these types of trades and are able to choose the ones that are best suited to their needs.
Windeyer J.A. found that the difference “between a lease agreement and a licence” was ultimately “a matter of intent.” Landlords and tenant lawyers say it`s not always easy to tell the difference between a license and a lease. However, you rather have a license where: However, some owners use the wrong type of written agreement, so that your type of lease may be different from what is written in your contract. Clarifying the practical difference between a lease and a license could help you determine your rights and obligations and avoid costly litigation in the long run. If you have any doubts that you are granting a rental agreement or a license or are concerned about your status as a tenant or licensee, it is best to get advice from a landlord`s professional and the tenant lawyer. They will advise you on the nature of the agreement and, in the event of a dispute, provide guidance on how the court will determine whether a contract is a license or lease agreement.