Licence Agreement To Occupy Property for New Zealand

Licence Agreement To Occupy Property Template for New Zealand

A License Agreement to Occupy Property under New Zealand law is a legal document that grants permission to use or occupy a specific property for a defined purpose and period, without creating a leasehold interest. This agreement provides more flexibility than a traditional lease while establishing clear rights and obligations for both parties. It is governed by New Zealand property law, particularly the Property Law Act 2007 and Contract and Commercial Law Act 2017, and includes provisions for permitted use, duration, fees, maintenance responsibilities, and termination rights.

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What is a Licence Agreement To Occupy Property?

The License Agreement To Occupy Property is a crucial document in New Zealand's property landscape, designed for situations where traditional lease arrangements are either unsuitable or undesirable. This type of agreement is commonly used for temporary occupations, flexible workspace arrangements, pop-up stores, or shared facility situations. It provides a more flexible alternative to a lease while still maintaining legal protections for both parties. The document must comply with New Zealand property law and includes essential elements such as identification of the property, permitted use, duration, fees, and parties' obligations. It's particularly useful for businesses seeking temporary space, property owners wanting to maintain greater control over their property, or situations requiring flexible occupation arrangements.

What sections should be included in a Licence Agreement To Occupy Property?

1. Parties: Identification and details of the licensor and licensee

2. Background: Context of the agreement and brief description of the property and purpose of the license

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Grant of License: Formal grant of the license and its nature (non-exclusive/exclusive)

5. Term: Duration of the license, including start date and end date

6. License Fee and Outgoings: Amount payable, payment terms, and responsibility for utilities and other costs

7. Permitted Use: Specific purposes for which the property may be used

8. Licensee's Obligations: Core responsibilities of the licensee including maintenance, conduct, and compliance requirements

9. Licensor's Obligations: Core responsibilities of the licensor including maintenance and access provisions

10. Insurance: Insurance requirements for both parties

11. Health and Safety: Compliance with health and safety regulations and responsibilities

12. Default and Termination: Circumstances for termination and consequences of default

13. Notices: How formal communications between parties should be made

14. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and amendments

15. Execution: Signing provisions and date of agreement

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

1. Security Deposit: Terms for security deposit if required - use when licensor requires financial security

2. Alterations: Rules regarding modifications to the property - include for longer-term licenses or when alterations might be needed

3. Sublicensing and Assignment: Rules about transferring rights - include when relevant to the business context

4. Guarantor: Guarantor provisions - include when financial guarantee is required

5. Shared Facilities: Rules for common areas - include when property has shared spaces

6. Special Conditions: Any unique terms specific to the property or arrangement - include when standard terms need modification

7. Force Majeure: Provisions for unforeseen circumstances - include for longer-term or high-value licenses

What schedules should be included in a Licence Agreement To Occupy Property?

1. Schedule 1 - Property Description: Detailed description of the licensed property including floor plans and boundaries

2. Schedule 2 - License Fee Details: Breakdown of fees, payment schedules, and review mechanisms

3. Schedule 3 - Condition Report: Initial condition of the property and any existing damage or wear

4. Schedule 4 - Rules and Regulations: Specific rules for property use, access times, parking, etc.

5. Schedule 5 - Fit-out Requirements: Any specific requirements for property setup or maintenance

6. Appendix A - Plan of Property: Floor plans, maps, or drawings of the licensed area

7. Appendix B - Inventory: List of any furniture, equipment, or items included in the license

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

Retail

Education

Healthcare

Hospitality

Professional Services

Coworking Spaces

Pop-up Retail

Event Management

Construction

Non-profit Organizations

Relevant Teams

Legal

Operations

Facilities Management

Property Management

Real Estate

Risk and Compliance

Corporate Services

Administration

Business Development

Asset Management

Relevant Roles

Property Manager

Facilities Manager

Real Estate Manager

Operations Director

Business Development Manager

Legal Counsel

Commercial Manager

Asset Manager

Leasing Manager

Space Planning Manager

Risk Manager

Compliance Officer

Corporate Services Manager

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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