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Question Title: Licence or tenancy ?
| Question: 373 |
| One of my landlords has asked me to draw up a licence agreement for a room that he wants to let in his house. I haven't done anything like this before. I would usually just create a general tenancy agreement.
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| Answer: |
| Tenancy implies that the tenant has a right to exclusive possession. By contrast, if there is no right to exclusive possession, then there is a mere licence and not a lease. For example, a guest in a hotel does not normally have a lease, because the proprietor retains general control over the room. A licence normally reserved the landlord the right to share occupation so that the tenant does not have exclusive possession. Whether an occupier holds a licence may be measured (amongst other things) by the level of attendance or other services (e.g. provision of bed-linen, window cleaning etc.). It is settled law that a tenancy exists where there is exclusive possession which is granted for a term and for a rent. When in doubt, continue to grant a tenancy agreement.
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