In this article, we explain how an occupancy license works, as well as other less common titles such as unit titles and rental units. We are happy to discuss and advise you on your commercial real estate matters – whether it is during the verification, preparation or advice of your license, your rental and/or any other document. Please feel free to make me a line to email@example.com In case of conflict, the court will begin to believe that your contract is a lease. It is up to you to prove that it is a license. If you fail, your problems have started. A property owner often uses a license to share the property with a third party. This may be the case if the owner does not agree with a fixed long-term term. A tenant may grant an occupancy license. Whether a tenant can grant an occupancy licence depends on the rental conditions. However, tenants should be aware that a tenancy agreement expressly prohibits the division of property. Alternatively, it may be allowed, but only with the owner`s express written consent.
Such consent may be subject to conditions. HostelsHostel accommodation is often rented under a (real) license agreement because of the special rules that may apply. These rules may infringe the liberty of the occupants to such an extent that they do not have sole ownership of part of their dwelling. A residential occupancy licence is greater than a rental contract and the licensee will not benefit from the legal protection afforded to a tenant who occupies a property under a rental agreement. 2. A license provides the licensee with only non-exclusive ownership of a property. This means that the licensee may also occupy the same property or grant other licenses to other takers for the same property. Rents in comparison offer tenants exclusive ownership of a property, so the tenant can exclude all others from that property, including the owner. The owners assume that, because a student has only one bedroom, the fact that other facilities are shared must make him or her a licensee. In some cases, this may be true, but not in other cases. Don`t take the risk.
Use a secure short-term lease and merge all tenants into one document. Even if the exclusive property is granted, the tenancy may be a license if there is no real intention to establish a relationship between the lessor and the tenant. A simple license is where someone has obtained easy permission to live in a dwelling. For example, a friend who is invited to look after an apartment while someone is on vacation, or a young person who lives with his or her parents is probably a naked licensee. A good start is to accept that if you want someone to pay you for life in your home, your business will almost certainly be a lease and not a license.