Bare Licence To Occupy for New Zealand

Bare Licence To Occupy Template for New Zealand

A Bare Licence to Occupy is a legal document used in New Zealand that grants permission to use or occupy a space without creating an interest in land or exclusive possession rights. This agreement, governed by New Zealand law, establishes a simple contractual relationship between the licensor and licensee, setting out terms for temporary or shared use of space, payment arrangements, and mutual obligations. It's particularly useful for flexible arrangements where traditional lease agreements would be too formal or restrictive, while maintaining compliance with New Zealand property and contract law requirements.

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What is a Bare Licence To Occupy?

The Bare Licence to Occupy is designed for situations in New Zealand where a property owner or manager wishes to grant someone permission to use a space without creating a formal tenancy or lease arrangement. This document type is particularly valuable for temporary occupations, shared spaces, or situations requiring flexible arrangements. The agreement typically includes details about the permitted use of space, duration, fee structure, and obligations of both parties, while explicitly maintaining the licensor's control and access rights. Common applications include pop-up stores, office hotdesking, temporary event spaces, or educational facilities. The document ensures compliance with New Zealand property law while maintaining the informal nature of the arrangement, distinguishing it from more formal property interests.

What sections should be included in a Bare Licence To Occupy?

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

2. Background: Context of the agreement and confirmation that this is intended as a bare licence, not a lease

3. Definitions: Key terms used throughout the agreement, including 'Premises', 'Permitted Use', 'Licence Period', and 'Licence Fee'

4. Grant of Licence: Clear statement of the permission to occupy, explicitly stating it's non-exclusive and creates no property interest

5. Licence Period: Duration of the licence, including start date and end date or termination provisions

6. Licence Fee: Amount payable, payment frequency, and payment methods

7. Permitted Use: Specific description of how the Licensee may use the premises

8. Licensee Obligations: General obligations including conduct, compliance with laws, and maintenance responsibilities

9. Licensor Obligations: Basic obligations of the Licensor, including providing access and maintaining essential services

10. Termination: Circumstances allowing termination and the process for termination

11. General Provisions: Standard boilerplate clauses including notices, governing law, and entire agreement

What sections are optional to include in a Bare Licence To Occupy?

1. Insurance: Required when the Licensee needs to maintain specific insurance coverage

2. Shared Facilities: Used when the licence includes access to common areas or shared amenities

3. Health and Safety: Required for commercial premises or when specific safety requirements apply

4. Alterations: Needed when there's possibility of the Licensee making changes to the space

5. Security Deposit: Used when a security deposit is required from the Licensee

6. Utilities and Services: Required when specifying responsibility for utility costs and services

7. Supervision and Access: Used when the Licensor needs specific rights to inspect or supervise the premises

8. Assignment and Sublicensing: Required when addressing whether the Licensee can transfer rights to others

What schedules should be included in a Bare Licence To Occupy?

1. Schedule 1 - Premises Plan: Floor plan or description of the licensed area and any shared spaces

2. Schedule 2 - Licence Fee Schedule: Detailed breakdown of fees, payment dates, and any review mechanisms

3. Schedule 3 - House Rules: Specific rules and protocols for using the premises or shared facilities

4. Schedule 4 - Condition Report: Description of the premises condition at the start of the licence

5. Schedule 5 - Special Conditions: Any specific terms or conditions unique to this licence arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Licensing Agreement

Cost

Free to use
Relevant Industries

Real Estate

Commercial Property

Education

Healthcare

Retail

Professional Services

Government

Non-profit

Hospitality

Coworking Spaces

Events and Entertainment

Technology

Relevant Teams

Legal

Operations

Facilities Management

Property Management

Real Estate

Administration

Compliance

Business Development

Asset Management

Events Management

Relevant Roles

Property Manager

Facilities Manager

Real Estate Agent

Legal Counsel

Operations Manager

Business Development Manager

Space Planning Coordinator

Asset Manager

Commercial Property Manager

Events Manager

Office Manager

Compliance Officer

Contract Administrator

Property Administrator

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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