How do you end a licence to occupy?
Under normal circumstances, a simple letter giving notice (and preferably acknowledged by the recipient) would be sufficient to terminate a licence to occupy.
Can a licence be terminated?
A licence may be terminated by a licensor where it is repudiated by a licensee, due to (i) the total or partial failure to perform certain terms by a licensee, (ii) a licensee refusing to perform their obligations under the licence, or (iii) a licensee making it impossible to perform the licence.
Is a licence to occupy personal?
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. In return the Licensee pays the Licensor a licence fee.
Can you evict a licensee?
As a licensee your landlord does not have to obtain a possession order to evict you. You will only be entitled to reasonable notice which can be verbal or in writing. Once this notice expires you do not have a legal right to remain in the property.
Who can grant a licence to occupy?
licensor
With a licence, the occupier of a property or licensee gets non-exclusive occupation of the premises. That means the property owner or licensor can grant other licences or can occupy the property (or part of it) themselves.
What is a licence to occupy residential property?
A licence to occupy is a document which allows the proprietor of a residential property to retain ownership while another party lives in the property for a pre-determined amount of time. These licences are also used by landlords who own commercial properties from which businesses not owned by the licensor wish to run.
Does a licence create a property right?
A licence, like a tenancy at will, does not create a legal interest in land. It is merely a permission to use the premises for a particular purpose, and can be for a fixed term or ongoing. A licence does not grant exclusive possession.
Can a licence to occupy be oral?
Rights of occupation which can be granted orally Accordingly, a person can be granted orally a licence to occupy premises for any duration (although care must be taken to ensure that the right granted is, in substance as well as in name, a licence rather than a tenancy: as to which, see Street v Mountford).
Can a licence to occupy be verbal?
The contract can be verbal or written. It is very important to look at exactly what was said or written in the agreement.
What are my rights as a licensee?
Licensee – is a person allowed to reside in a rental property but has no rights as a tenant. A licensee in a private rented dwelling is there by invitation of the tenant, the relationship of a licensee is with the tenant and not with the landlord.
How do you evict an excluded occupier?
As an excluded occupier your only right is to stay until your landlord asks you to go or for as long as your written agreement says. Your landlord can evict you by giving you reasonable notice (which can be verbal) and doesn’t need a court order. You pay the rent that you agreed with your landlord.
When would you use a license to occupy?
It is common to use a licence to occupy for short-term arrangements (say, up to 12 months). Also they are used where a fixed term is not going to be agreed. For example, the licensee is given permission to use and occupy the residential property on an ongoing monthly basis.
How do I terminate a licence to occupy?
If the licence is well-drafted in the first place then this should set out the process required to be taken in order to terminate and these steps should be strictly followed. Under normal circumstances, a simple letter giving notice (and preferably acknowledged by the recipient) would be sufficient to terminate a licence to occupy.
When to use a licence to occupy residential property template?
If you will not occupy the property and do not want the occupant to benefit from the statutory provisions that apply to a tenancy agreement, then use our Licence To Occupy Residential Property Template. Use either of these templates to grant a short fixed-term period or indefinite period, i.e. a month-to-month contract.
Can a licence be terminated after 52 weeks?
The licensor wishes to terminate the licence to occupy the piece of land but there are no termination provisions in the licence. The licence provides that after the term (52 weeks) the licensee can continue in occupation so long as the licensee pays a weekly licence fee (£225). 1.
Is a licence to occupy the same as a tenancy agreement?
We often encounter people referring to a licence to occupy residential property and a residential tenancy agreement interchangeably. However, they are actually two very different contracts. In this guide we detail the differences and explain when to use one or the other.