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Licence To Occupy Residential Property for New Zealand

Licence To Occupy Residential Property Template for New Zealand

This document establishes a license to occupy residential property under New Zealand law, creating a specific form of occupancy right that differs from a standard residential tenancy. It sets out the terms and conditions under which the licensee may occupy the property, including rights, responsibilities, fees, maintenance obligations, and termination provisions. The agreement is particularly relevant in contexts such as retirement villages, student accommodation, or other situations where a more flexible arrangement than a standard residential tenancy is required. It incorporates relevant provisions from New Zealand property law while maintaining compliance with consumer protection legislation and fair trading requirements.

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Licence To Occupy Residential Property

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What is a Licence To Occupy Residential Property?

The Licence To Occupy Residential Property is a specialized agreement used in New Zealand when a standard residential tenancy agreement is not appropriate or desired. This type of arrangement is commonly used in retirement villages, student accommodation, or situations where the property owner needs to maintain greater control over the property while still providing secure occupancy rights. The document establishes a contractual relationship that grants the right to occupy specific premises without creating a leasehold interest. It includes comprehensive terms covering occupation rights, fees, maintenance responsibilities, common areas usage, and termination provisions. This agreement type is particularly useful in New Zealand's property market where flexibility is required while still maintaining legal protections for both parties. The document must comply with New Zealand property law, consumer protection legislation, and fair trading requirements, while clearly distinguishing itself from arrangements governed by the Residential Tenancies Act 1986.

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

1. Parties: Identification of the Licensor (property owner) and Licensee (occupant), including full legal names and contact details

2. Background: Context of the agreement, nature of the occupancy right, and confirmation that this is a license not a lease

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Common Areas', 'License Fee', 'Term', etc.

4. Grant of License: Express grant of the license to occupy, specifying the exact part of the property covered

5. Term: Duration of the license, including start date, end date if applicable, and any renewal provisions

6. License Fee: Amount payable, payment frequency, payment method, and review mechanisms

7. Bond: Amount of bond required, payment terms, and conditions for return

8. Utilities and Outgoings: Responsibility for payment of utilities, rates, insurance, and other property-related expenses

9. Use of Property: Permitted use of the property, restrictions, and occupancy rules

10. Licensee's Obligations: Complete list of occupant's responsibilities including maintenance, conduct, and compliance requirements

11. Licensor's Obligations: Complete list of owner's responsibilities including maintenance, repairs, and service provision

12. Insurance: Required insurance coverage for both parties

13. Maintenance and Repairs: Detailed provisions for property maintenance and repair responsibilities

14. Access: Conditions under which the licensor may enter the property

15. Default and Termination: Circumstances allowing termination, notice requirements, and consequences of default

16. Dispute Resolution: Process for resolving disputes between parties

17. General Provisions: Standard contract clauses including entire agreement, modification, governing law, and notices

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

1. Common Areas: Required when the property includes shared facilities or spaces, detailing rights of access and use

2. Body Corporate Rules: Needed when the property is part of a unit title development or similar complex

3. Special Conditions: For any unique requirements or circumstances specific to the property or parties

4. Pets: Required when pets are allowed, specifying conditions and restrictions

5. Parking: Needed when specific parking arrangements are included

6. Additional Services: When the license includes provision of services beyond basic occupation rights

7. Sublicensing and Assignment: If transfer or sharing of occupation rights might be permitted

8. Fixed Term Provisions: Specific provisions that apply only to fixed-term licenses

9. Property Manager: When a property manager is involved in managing the property

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

1. Schedule 1: Property Description: Detailed description of the licensed property, including any exclusive use areas

2. Schedule 2: Inventory: List of furnishings, appliances, and other items included with the property

3. Schedule 3: Special Conditions: Any specific terms or conditions unique to this license agreement

4. Schedule 4: Fee Schedule: Breakdown of all fees, including license fee, utilities, and other charges

5. Schedule 5: Maintenance Schedule: Detailed breakdown of maintenance responsibilities between parties

6. Schedule 6: Property Rules: Specific rules and regulations for the property and any common areas

7. Appendix A: Property Plan: Floor plan or site plan showing the licensed areas and common areas

8. Appendix B: Condition Report: Detailed report on the condition of the property at commencement

9. Appendix C: Body Corporate Rules: If applicable, the rules governing the wider property development

Authors

Alex Denne

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

Jurisdiction

New Zealand

Document Type

Licensing Agreement

Cost

Free to use
Relevant legal definitions
































Clauses






























Relevant Industries

Residential Property

Retirement Villages

Student Accommodation

Property Management

Real Estate

Legal Services

Housing

Aged Care

Education

Relevant Teams

Legal

Property Management

Operations

Compliance

Administrative

Facilities Management

Residential Services

Contract Management

Asset Management

Customer Service

Relevant Roles

Property Manager

Legal Counsel

Compliance Officer

Real Estate Agent

Retirement Village Manager

Student Accommodation Manager

Housing Officer

Facilities Manager

Contract Administrator

Property Administrator

Residential Services Manager

Operations Manager

Asset 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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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