Crucially, a licence does not confer any security of tenure, and so a licensee’s position is precarious. In contrast, a lease (or a tenancy, those terms are interchangeable) is much more than a contractual permission – it is an estate in land.
What is a licence tenure?
Why should a licence to occupy be a dangerous document? … A licence to occupy is a personal agreement between the licensor and the occupier (the licensee), whereby the licensor permits the licensee non-exclusive occupation of the premises for a short period of time, typically six or 12 months.
Is a licence to occupy a tenancy agreement?
A licence to occupy is permission to allow occupation. … Unlike a lease/ tenancy, a licence would not generally enjoy statutory protection such as the security of tenure (the right to stay on in the premises after the expiry of the contractual term).
Do I have security of tenure?
Do I need it? Security of tenure is an automatic right, and it applies in most circumstances. Unless you have “contracted out” of it in your lease then you will most likely have security of tenure if you occupy premises under a lease for business purposes. If you have contracted out, this will be stated in your lease.
What rights does a licensee have?
A licensee is merely someone who has the permission of the owner to be in the property, but does not necessarily have the right to exclude others from the premises or the right to assign or sublet the accommodation. Typical examples of licensees are: Lodgers. Persons visiting a household as guests.
What is the difference between license and licence?
In the US, use license for noun and verb. In the UK, use licence for the noun, but license for the verb. For example: Do you have a license? ( ) ( )
What is the difference between a tenancy and a licence?
The main difference between a tenancy and a licence is that a tenancy usually gives you more protection from eviction. You do not have a licence or a tenancy just because the landlord says that’s what you have. … For example you may have a licence if you live in a hostel or if you are a lodger.
How long can a licence agreement last?
Restrictions. A licence is valid for a maximum of 5 years. You must renew your licence before it runs out.
How long can a licence to occupy last?
What is a Licence to Occupy? A Licence to Occupy (Licence) is a personal agreement between a property owner (Licensor) and an occupier (Licensee). Under a Licence the Licensor provides the Licensee with the non-exclusive possession of a property for a period of time, typically 6 or 12 months.
How do you end a licence agreement?
Most licences give both landlord and occupier the right to terminate the agreement. Usually this will be done by giving so many weeks’ or months’ notice. Alternatively, the party wishing to end the agreement may be required to give formal notice on a specified date. A notice period of one month is typical.
Who has security of tenure?
Security of tenure (under the Landlord and Tenant Act 1954) provides the tenant with the automatic right to remain in possession of leasehold business premises after the lease term reaches its natural end. If the landlord wishes to end the lease, this can only be done if a notice to quit is issued.
What is the right to security of tenure?
Security of tenure is a term used in political science to describe a constitutional or legal guarantee that a political office-holder cannot be removed from office except in exceptional and specified circumstances.
How do you get security of tenure?
Getting the procedure right
- less than 14 days before the lease is completed the landlord must serve a warning notice on the tenant and the tenant must complete a statutory declaration.
- 14 days or more before the lease is completed the landlord can serve the warning notice and the tenant responds by a simple declaration.
Can a licensee become a tenant?
If you are renting a room from one of the existing tenants, you may also be a licensee and the normal landlord and tenant laws do not apply. After six months however you can apply to become a tenant on the same terms and conditions as the existing tenants.
Can you evict a licensee?
As the property owner, you can demand that a licensee vacate your property without serving a formal notice. If you revoke a licensee’s permission to be on the property but they refuse to move out, you must file an unlawful detainer action in court to evict them.
Can a licence be assigned?
In particular, a licence is simply a personal, contractual permission for the licensee to do something – in this context to occupy land. A licence does not confer any proprietorial rights, it cannot be assigned and it does not survive any change in the ownership of the freehold/superior interest.