Occupier Basic Agreement (Licence)
Occupier Basic Agreement (Licence)
Basic licence agreement for occupiers — temporary accommodation, caretakers, property guardians
Important Warning
Calling an agreement a "licence" does not automatically make it one. Courts look at the actual arrangement — if the occupier has exclusive possession of a property for a term at a rent, it is likely a tenancy regardless of what the document says. Seek legal advice before using this agreement.
When a Licence (Not a Tenancy) May Apply
- The occupier shares the property with the owner (lodger arrangement)
- The occupier does not have exclusive possession of any part of the property
- Caretaker or property guardian arrangements
- Temporary accommodation where the owner retains control
- Service occupancy (where occupation is tied to employment)
Parties
Licensor (owner): [Full name and address]
Licensee (occupier): [Full name]
Property: [Full address]
Area of occupation: [Describe the specific area — e.g., "the ground floor rooms" or "the entire property on a non-exclusive basis"]
Licence Details
- Start date: [Date]
- Duration: [Fixed period of X weeks/months / rolling weekly/monthly]
- Licence fee: £[amount] per [week/month]
- Notice period: [28 days] by either party
- Deposit: £[amount] (note: deposit protection does not apply to licences)
Nature of the Arrangement
This agreement is a personal licence to occupy the property. It does not grant exclusive possession and does not create a tenancy. The Licensor retains the right to enter the property at any time and to move the Licensee to a different area of the property if required.
Licensee Obligations
- Pay the licence fee on time
- Keep the property clean and in good condition
- Not cause nuisance or disturbance
- Not allow others to occupy the property
- Comply with any conditions set by the Licensor
- Vacate the property immediately on expiry of the licence or notice period
Licensor Obligations
- Provide the property in a habitable condition
- Carry out a Right to Rent check (required for all residential occupiers in England)
- Ensure gas and electrical safety certificates are in place
Ending the Licence
Either party may end this licence by giving [28 days'] written notice. If the Licensee refuses to vacate, the Licensor may be able to use self-help eviction (changing the locks) if the Licensor lives in the property. Otherwise, a court order may be required.
Signatures
Licensor: _________________________ Date: ___________
Licensee: _________________________ Date: ___________
Disclaimer
Guidance only. Landlord Handbook provides practical information to help landlords understand their responsibilities. It is not legal or financial advice. Always check the latest GOV.UK guidance and seek professional advice where appropriate.