What is a license to occupy?

A licence to occupy is an agreement that gives someone permission to live in a property without creating a tenancy. Unlike a tenancy, a licence doesn't give you exclusive possession of the property or the legal protections available to tenants under the Housing Act 1988.

The distinction between a licence and a tenancy is important because it determines your rights. If you have a tenancy, you're protected by deposit protection rules, Section 8 eviction procedures, and the Renters' Rights Act. If you have a licence, you're not for the most part.

Some landlords try to label their agreements as "licences" to avoid giving tenants these protections. However, the law looks at the substance of the arrangement, not just the label. If you have exclusive possession of the property and you pay rent, you almost certainly have a tenancy regardless of what the document says.

Genuine licences exist in situations like lodging, where the landlord lives in the property and shares living space, temporary accommodation provided by a local authority, and certain service occupancy arrangements where accommodation is provided as part of a job.

Frequently asked questions

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How do I know if I have a licence or a tenancy?

The key test is exclusive possession of the property. If you have the right to exclude others (including the landlord) from your accommodation, you almost certainly have a tenancy. The label on the agreement doesn't determine your legal status.
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Can my landlord avoid deposit protection by using a licence?

Only if the arrangement is a genuine licence (such as lodging with a resident landlord). If the landlord has labelled a tenancy as a licence to avoid their obligations, the label is a sham, and deposit protection rules still apply.
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What rights do I have under a license to occupy?

You have the right to reasonable notice before eviction (usually one rent period), protection from illegal eviction and harassment under the Protection from Eviction Act 1977, and the right to live in a safe property. However, you don't have access to deposit protection, Section 8 procedures, or most Renters' Rights Act protections.
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