Q&As

When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 17/11/2020

The following Property Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?

When drafting a contractual licence to occupy, is there any legal issue or risk for either party if the licence period: is expressed to start in the future (say a few days after completion of the licence), or has already expired and the licence is completed to regularise the period of use?

A contractual licence to occupy is a personal contractual agreement allowing the licensee to occupy premises on a non-exclusive basis, usually for a particular period of time. Licences are often used for occupation of, for example, serviced offices, or for a period of time during which the parties are in negotiations for a formal lease. However, the title of an agreement to occupy is not determinative of its nature, and there is a danger with any purported licence agreement that a

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