It is therefore best to avoid disputes over the status of the crew by having your agreement documented (whether it is a licence or a lease agreement) in order to avoid potential future disputes. Leases or licenses can be written or orally. Oral agreements are as binding as written agreements. However, it is advisable to have a written agreement so that the location of each party is clearer. If you don`t have a written agreement, you still have legal rights. Some rules apply even if they are not written. Circumstances in which you may propose a sublicensing rather than a sublease include: Seeking advice A court will always consider the content of an agreement, not just its name, to interpret the true intent of the parties. It is therefore important for landlords and tenants that professional agreements are regulated and properly documented. This is a complex legal area and legal advice is needed in the development and negotiation process. For example, you can have a license if you live in a hostel or if you are a tenant.

There are two crucial distinctions between a licence or a lease. The terms “exclusive property” and “control.” Most licenses give the landlord and tenant the right to terminate the contract if necessary, with typical notice being a tenancy period (rental period) or 28 days. Ask for advice if you think your agreement contains unfair terms or that your landlord cares about something you feel is unfair. Her Honour also indicated that it would be equally surprising if the store owners were able to “license others to continue their business” unless this interfered with Ms. Radich`s activities. 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. The law says it is a lease unless you can prove that it is a license. The main difference between a lease and a licence is that a lease generally offers more protection against forced eviction. If there is evidence (verbal or not) that a clause in an agreement should never be valid, the evidence may replace the written agreement to determine whether the agreement is a lease or a license. In some cases, the occupiers signed agreements stipulating that they would allow the landlord to share their home or place other occupants in their homes: these were often called into question on the grounds that the conditions should not be effective and that they were simply false means to avoid the creation of a lease agreement. [2] However, if there is a written agreement, it will always provide good first evidence of what was intended and the burden of proof will always fall on the person who wants to overturn the provisions of a written agreement. Ask your landlord to house your contract in writing.

This can help you and your landlord understand your rights and obligations. The rental of a lease is preferable to the granting of a licence in the following circumstances: to highlight the difference between a lease agreement and a license, we have made available a selection of a tenant`s rights and obligations under a rental contract, unlike those of a simple licensee who does not have the same interest in the land. : the terms of a tenancy agreement (or license agreement) can be negotiated between the tenant and the potential tenant, but in practice, the tenant cannot have much leeway to negotiate favourable terms.