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Tenancy or licence


Generally, if you occupy a private rented property, you will either have a tenancy or a licence. A tenancy gives you a legal right to reside in a property and a licence only gives you permission. You will normally have a tenancy if;

  • You enjoy exclusive possession of a property
  • You pay rent
  • You pay rent periodically, for example, weekly or monthly.

There are some exceptions to this rule namely;

  • Agreements where there was no intention to enter into legal relations such as family arrangements
  • Lettings where the landlord provides substantial services, for example, cleaning of your room on a daily basis
  • Lettings on movable structures
  • Company and holiday lettings
  • Lodging arrangements
  • Lettings that are tied to a job

If you live in a situation as outlined above, you are likely to have a licence to occupy a property as opposed to a tenancy.



Page Last Updated
01 January 2009