On the other hand, under a good faith licensing agreement, the licensee tenant does not own land on the premises and has no property rights. General principles apply and the owner licensee has the absolute right to use peaceful assistance at any time to remove a licensee from licensed premises for some reason or reason. Some licensees have more protection than others. If you live in the same building as your landlord or family, but you don`t share facilities (for example. B bathroom), you benefit from basic protection against the Eviction Act 1977. If your landlord wants to dislodge you, they must wait for a contract to expire or if there is no contract, they must send a notice of termination. This must be done in a statutory form and must apply at least four weeks in advance. At the end of the notice period, if you do not leave, your landlord will have to apply for a court order for possession. Licensed: The license can normally enter the premises at any time and for any use (whether it is repairs, premises or any other means of seeing). If the licensing agreement limits the licensee`s eligibility, the licence may be a lease agreement. In some cases, a contractual license could come from an Estoppel, i.e. if one party relied on the promises made by another to its detriment (and there can be no written agreement). For example, an Estoppel license is created when a life member is tempted to think that he or she will be able to stay in a new home for a long time and, on that basis, abandons his former tenant or former home or spends money on the new home.
In such a situation, it would be unfair for the person to be deported in the short term (as would be the case if he were just a licensee). In this case, the courts may grant the occupier a long notice period. The courts will be flexible and will attempt to do justice based on the circumstances of each case. [7] In Illinois, the Illinois Supreme Court considered at length the difference between a lease and a license in millennium Park Joint Venture, LLC v. Houlihan, 241 Ii.2d 281 (2010). First, the court noted that “the main difference between a lease agreement and a licence is that a lease agreement confers the right to own and control the property exclusively, whereas a licence simply gives the right to use the property for specific purposes, subject to the control of the licensee.” It is the degree of possession and control that determines whether a contract is a lease or a license.