A court will always consider the content of an agreement and 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. Home / Published Articles / Renters-Licensed, Licensed, Owner-Donor, New York Eviction Procedure, Lease-Bail, Good Faith Licensing Agreement / Use of a Licensing Agreement Replacing a Rental Licensee: Such a Right of Exclusion is not available – the landowner/licensee may enter the land at its convenience. Once the licence is revoked, the licensee leaves the property and then reinstates – its re-entry is an offence. This also applies if the revocation of the licence was illegal. Dismissed: The repair and maintenance obligations of the licensee and the amount of rent to be paid depend on the conditions of the license. If the licence is contractual (i.e. contractually granted), the licence may give certain rights granted to the licensee. Sometimes it can be difficult to determine whether a person is a licensed tenant.
The issue can generally be resolved on the basis of the substantive terms of the agreement and not on the label of the authorization and the terminology used. Under the agreement, Ms. Radich was granted the « unique and exclusive license and the privilege of providing the public with refreshment inputs… and continue to do business with a milk bar. Licenses are not covered by the most important legislation to protect tenants outside the public sector, with the exception of the Protection from Eviction Act 1977. For more information, see the harassment of occupants by an owner or agent. A license gives the licensee minimum rights. Therefore, they generally have no interest in the land and the license does not create any interest in the country – it simply prevents the licensee from being a deviant. However, the law is still evolving and the courts believe that, in some cases, there is interest in land. To emphasize the difference between a lease and a licence, we provided a selection of a tenant`s rights and obligations under a tenancy agreement as opposed to those of a pure licensee who does not have the same interest in the land: tenant under a lease: a long-term lease (for more than 3 years) in Queensland must be listed on the title to « transfer or interest the lot ».
See sections 181 and 182 of the Land Title Act 1994 (Qld). In the Queensland context, registration for short-term leases of 3 years or less is optional. After registration, it enjoys the protection of impracticality, which means that the tenant`s interest in the land takes precedence over other unregistered instruments.