There are other issues that you should be aware of when granting a casting license. Both license agreements and rental agreements list, among other things, the parties, a description of the space to be occupied, possibly with a floor plan, the duration (start date until the expiry date), the fees (called rental or license fees) and the insurance to be borne by both parties. Note: A room use permit for a single event where food and beverages are served should include adequate alcohol coverage as part of the insurance coverage. Self-help is not inaccessible to owners in New York, who reserve the right to use it in their leases. However, courts usually face self-help from a landlord and do not approve their use if there is ambiguity in the rental terms or if there is a factual question of whether the lease has expired or not. In addition, under the New York Real Estate Actions and Procedures Act (“RPAPL”) § 853, if a tenant is forcibly or unlawfully evicted from the property, the tenant may claim triple damages from the landlord and may also be reinstated if excluded before the end of the lease term. Only when a court finds that restoring the tenant to possession would be “unnecessary” because the landlord will evict the tenant on a summary conviction is it unlikely that the court will order the tenant to restore the premises. It is not enough to call a contract a license. A court will always deal with the content of an agreement and not with how the document is called or the language used to determine the nature of the legal relationship between the parties. If the circumstances prove that the resident actually has exclusive ownership of the property, the license is considered a lease. This is true regardless of whether the document uses license terminology. In the case of a licence for a period of more than 6 months, which is in fact a lease, there is another risk that the resident will live on the property under a lease with certainty of protection of the property.

In such a case, it will be much more difficult, time-consuming and expensive for an owner to evict the resident. A lease gives the tenant rights to the property, while a license is just an agreement with the landlord to use the space. This means that a tenant receives certain rights and a higher level of security under a lease than a licensee under a permit. In the office context, a landlord may license a tenant to occupy a space in the building while the space permanently leased by the tenant is under construction or renovation, sometimes referred to as a “swing room.” Another example of a room license is when a company licenses a conference room for an industry conference event to another business unit whose event can only take place over a few days. The parties do not have to enter into a full lease with long provisions for such a short period. However, the use of a license agreement instead of a lease agreement will not completely exclude all possibilities of dispute between the owner-licensor and the tenant-licensee. Whether or not the “self-help” used was peaceful (and therefore legal) or violent (and therefore illegal) is still the subject of legal disputes. However, if there is a valid license agreement, the owner-licensor is not obliged to readmit the licensee to the premises, even if it turns out that the self-help used was violent and not peaceful.

In New York, the licensee`s only remedy is the triple damage that RPAPL § 853 provides for forced eviction. In the meantime, before a court decision, the owner-licensor is free to sublicense the use of the premises to another licensee. It is important to clearly indicate the period during which the licensee may use the licence area. Although leases are usually long-term, a license is suitable for a short-term contract (e.B. less than 6 months). You may also come across unit titles or leases. Occupancy licenses are the most common way to live in a retirement village in New Zealand, although the exact conditions vary from village to village. You may have the option to buy a title deed or enter into a lease, but these legal titles are less common. As with any contract, it is important to consult a lawyer before committing.

A licence of occupation is a type of ORA and the most common form of occupation offered in retirement villages in New Zealand. If possible, the owner should retain the right to move the licensee to the territory identified by the permit so that there is no specific area that degenerates into the owner as well as his own. Why should a casting license be a dangerous document? As always, the devil is in the details and a poorly designed license can be very bad news for the landowner (or licensor). Leases or licenses – if you would like more information, please contact Mary Wathen on 01989 561421 or MWathen@hcrlaw.com the owners` lawyers have overlooked or been too careful to suggest the use of license agreements to their clients. However, licensing agreements allow owners of commercial buildings to completely eliminate the owner-tenant relationship and thus avoid the burdens that often occur in the legal framework of traditional owner-tenant procedures. For example, a tenant may assign a lease to another person, while a licensee may not be able to transfer a license. .