Lease Versus License Agreement

Leaseholder: A long-term lease (for more than 3 years) in Queensland must be listed on the title to “transfer or interest the lot.” See sections 181 and 182 of the Land Title Act 1994 (Qld). In the Queensland context, registration for short-term leases of 3 years or less is optional. After registration, it enjoys the protection of impracticality, which means that the tenant`s interest in the land takes precedence over other unregistered instruments. A lease agreement and a licence are the two types of contractual agreement between the lessor or the licensee and the taker/tenant or licensee. This contract binds the two parties under the terms of the agreement. One of the circumstances in which you can propose a sublicensing instead of a sublease is that the courts have found that licences are leasing licences if one or more of these characteristics are either totally absent from the agreement or do not sufficiently pass on the powers of the licensee. However, the less control the taker has, the more likely it is that the agreement is a licence, because a licence does not offer autonomy, but simply allows a party to “provide services within a company in premises owned by another company or operated by another, which has the power to oversee the mode of transfer of services.” Nevertheless, it was found that maintaining control of the prices charged by the licensee, the periods of operation in the space granted and even the choice of the taker`s staff did not guarantee that the agreement would be considered a licence and not a lease, since these controls “could not reasonably be required of a careful landlord vis-à-vis a leasing taker for [each business]. Clarifying the practical difference between a lease and a license could help you determine your rights and obligations and avoid costly litigation in the long run. For some of its buildings, it has unveiled a new type of office space for smaller tenants who need smaller spaces. According to his design, a tenant would have a particular office and share a photocopier, fax machine, kitchen and conference rooms. Furniture, carpet, telephones, computers and coffee would be provided by the owner. The rooms would be pre-built. The tenant would only have to bring a pencil to work.

The Advocate General requested the use of a licensing agreement where he could modify the locks or, in this case, eliminate the key cards at the termination of a tenant`s payment. Our company`s mission was to develop an enforceable licensing agreement that provides for self-help without having to resort to litigation.

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