If you are considering using the model or another “licence to be filled,” it is essential that you understand that a licence is not the same as a lease agreement, and you must ensure that all parties are clear about the exact terms of the licence and do not create a lease agreement. A contractual licence is the result of a contract under which the taker must provide a service or pay money in return for accommodation, but if the conditions for the creation of a lease are not met. The contract can be oral or written. It is very important to see exactly what was said or written in the agreement. With a tenancy agreement, the lessor grants the tenant exclusively the exclusivity of the job. This means that the landlord cannot use or enter the property without the tenant`s consent, subject to common exclusions found in a tenancy agreement, for example. B the right to enter the apartment with notice. Just because a document is labeled as a license doesn`t mean it does so. The case law has concluded that a document, even if it qualifies as a licence if it has the characteristics of a lease agreement, is considered a lease agreement. In the event of a conflict, the Court considers your agreement to be a lease agreement.
It is up to you to prove that it is a license. If you fail, your problems have started. 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. As noted above, an occupancy licence may be granted between the exchange and the conclusion of a lease agreement. Even if the tenant ultimately intends to enter into a tenancy agreement, the lessor must bear in mind the risk of insuring the current leases (if there is an intention to exclude him). In this scenario, the lessor`s lawyer must ensure that before the lease is replaced (and access to the premises is granted), the necessary notices must be put in place to exclude the security of seniority.