Licences and tenancies at will—residential focus

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A licence generally permits someone to do something on another’s property which would otherwise be unlawful. Licences do not generally benefit from the same level of statutory protection that many leases do.

A tenancy at will is a tenancy which is terminable at the will of either the landlord or the tenant. They are flexible but do not provide either party with any certainty or security.

Licences and tenancies at will are often seen as a way to allow occupation and use of premises on an 'easy in, easy out' basis.

See Residential tenancies—overview.

Distinguishing a licence from a lease

The hallmarks of a lease are:

  1. •

    exclusive possession of defined premises

  2. •

    for a term which is certain

In determining whether or not an agreement amounts to a lease or a licence, the court must consider the effect of the agreement; if it satisfies all the requirements of a tenancy then it will be a tenancy even if the parties have labelled it as a licence.

For further details on the nature of leases and how they are distinguished from licences,

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