Agreements cannot deprive tenants or licensees of the rights granted by the laws of Parliament, even if the text of an agreement says otherwise. For example, Section 11 of the Landlord and Tenant Act 1985 provides the landlord with certain repair obligations that cannot be undone by the inclusion of the obligation on the tenant in the wording of the tenancy agreement. If your lease was started or renewed on Or after March 20, 2019, your landlord may also have a legal responsibility to ensure that your home is fit to live. This is called “fit for human habitation.” Oral agreements can be more difficult to enforce in the event of a dispute. The lease must be signed by all tenants and your landlord. If there are common tenants, each tenant should receive a copy of the agreement. 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. In the event of a conflict, the Court considers your agreement to be a lease agreement. It is up to you to prove that it is a license. If you fail, your problems have started. Our hotline has made a lot of calls about illegal evictions in recent weeks. In many of these cases, the lessor had a “licensing agreement” for the tenant and not a tenancy agreement for how to do so.

However, the fact that a person`s contract qualifies her as a licensee is not a consequence of the facts. If the investigation finds that there is indeed a rental agreement, the lessor must follow the proper legal procedure to recover the property of the apartment. “… there is no doubt that the traditional distinction between a lease agreement and a land licence was the granting of land for a period of exclusive ownership.” At Ashburn Anstalt vs. Arnold [EWCA Civ 14. Fox LJ considered this decision in 1988, but found that the payment of rent was not provided for by Lord Templeman as an absolute condition for a lease and stated that the lease was a form of consumer contract and that, as such, it had to be in clear, clear and easy-to-understand language. It must not contain clauses that could be “unfair.” This means, for example, that the lease does not put you or your landlord in an unfavourable position, should not allow a party to change the terms unilaterally and without good reason, or to bind you irrevocably to conditions with which you did not have time to administer yourself. An abusive clause is not valid by law and cannot be enforced.

A licence, such as an at-will lease, creates no legal interest in the land. It is simply an authorization to use the premises for specific purposes and may be for a fixed or continuous period. A license does not grant exclusive ownership. The lease you have depends on the facts of your situation, not what your agreement says. For example, if you pay rent to a private landlord who does not live with you and you have accepted a rent of 6 months, you will probably have short-term rent (or a guaranteed short rent in Scotland). This will also be the case if your agreement says otherwise. Check the type of lease you have. In Scotland, in most cases, your landlord must submit a written rental agreement. In particular, your landlord must submit a written rental agreement if you are a tenant of a public dwelling or if you are an insured or short-insured tenant of a private landlord.