What is the difference between a lease and a license? | Land Law

Subscribe to my personal channel for videos on how to study law effectively & efficiently: https://www.youtube.com/channel/UCwgN8QVt3yIqcoi04EVqEYA One reason why the distinction is so important is occupation rights. If it is a lease it can be transferred down, if it is a license it cannot. Occupation licences are often hard to distinguish from leases. Where the alleged “licence” gives B occupation rights, it may be crucial to decide if in fact the interest granted by A is better regarded as a lease.

The lease (“term of years”) is an interest in land. It is one of the 2 interests which are legal estates and therefore capable of substantive registration. As such, the lease can be assigned (transferred) by B. Also, if A transfers his interest to C, B can enforce the lease against C. And for B to succeed in showing that he has a lease, not a licence, is crucial to his entitlement to statutory landlord/tenant protection or the right for the holder of a lease over 21 years to purchase the fee simple (Leasehold Reform Act 1967, Leasehold Reform, Housing and Urban Development Act 1993). It is so much better to get the C to have a lease rather than a license.

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SEE MY VIDEO ON WHAT IS A LICENSE ➡️
https://www.youtube.com/watch?v=QsEHLHZ5exQI

If you liked this blog post you may like my website post on 'The Distinction Between Leases and Licenses': https://digestiblenotes.com/law/land/lease_licence_distinction.php

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