A contractual license is the issuance of a license from a contract under which the licensee must provide a service or pay money in return for accommodation, but if the conditions for creating a lease are not met. The contract can be made orally or in writing. It is very important to carefully consider what has been said or written in the agreement. If you were renting individual pieces, this is a difficult call. It depends on the actual regulation, but in recent years the Court of Justice has tended to favour an AST – you should do that. This means that there are no circumstances in which you can safely use a license agreement to host students. We have a longer article on the best way to rent a room that offers a more detailed explanation. The agreement you have is very limited because you thought it was a simple license, so you did not indicate the usual conditions that would normally protect an owner in an AST. Thus, your tenant is not required to carry out repairs or fulfill other obligations. He or she has to destroy the place before you can get it out.
The main cases in which there will be a licence in place of a lease are: e) The licensor is not required to accept the replacement licensor. If the Licensor accepts the suitability of the replacement Licensor and agrees to the termination of the License Agreement, the Licensor shall confirm this in writing to the Licensee. The date of termination of the licence agreement takes effect on the date on which the licence agreement begins with the holder of the replacement certificate (and not with effect from another date); Her honor also pointed out that it would be equally astonishing if the store`s owners “allowed others to carry on any activity there,” provided it did not affect Ms. Radich`s activities. In determining the type of agreement between the parties, the Tribunal will consider the content of each agreement at the same time as the reality of the agreements, regardless of the label that the parties give to an agreement. This means that it is important to ensure that appropriate documentation is used so that the parties are clear from the outset about the steps to be taken. The court found that, although Camelot retained some degree of access and control of the premises, the terms of the agreement were not contrary to exclusive ownership, given that owners often have the right to enter premises to inspect you and carry out repairs. However, despite the use of the concept of licence, the High Court finally found that a lease of the premises had been granted to Ms Radich for the agreed period. (k) The security shall be recognized as the property of the lessee, subject to the provisions of this certificate. To obtain the benefit of a license agreement, the owner must ensure that his agreement with the potential user of the premises is indeed a license and not a lease. .