INTERIM OCCUPATION Sample Clauses

INTERIM OCCUPATION. It is important to appreciate the status of the prospective tenant who wants or is permitted to occupy the premises pending completion of the formal lease. When acting for the landlord it is important to ensure that any interim occupation cannot create problems if the expected lease is not completed for whatever reason. There are two potential vehicles that can be used – • The tenancy at will Although the payment of rent can convert a tenancy at will into a periodic tenancy the courts are unlikely to find a periodic tenancy particularly where the parties are negotiating a replacement lease which is to be contracted out. • License’s A license to occupy land can either be fixed in duration or periodic. It can be the subject of a contractual payment and will not be protected by the Landlord and Tenant Act 1954. Licenses tend to be more attractive than the tenancy at will as the former have a set duration. Licenses can create problems as seen in the case of Street v ▇▇▇▇▇▇▇▇▇ (1985) 274 EG 821 in which the court treated the occupation as a lease and the occupier will then have a protected tenancy. The case of Cameron Ltd v Rolls Royce plc [2007] EWHC 546 (Ch) considered the legal status of a former tenant which remained in occupation pending the agreement for a new lease. In this case between 1999 and 2002 Rolls Royce had been the tenant of two sets of premises under three-year sub-leases contracted out of the 1954 Act. The subleases expired and Rolls Royce remained in occupation while it negotiated new leases. In May 2003, Rolls Royce entered into two agreements for lease with the relevant leases running from 2002 until March 2007. In the interim period Rolls Royce was to be the licensee of the premises on the same terms as the leases. Each agreement for lease was conditional upon the court approving the contracting out and on the head landlord’s consent. In 2004 court orders were obtained and in January 2007 the head landlord gave consent. Rolls Royce was then called upon to enter into agree leases, but it declined to do so. It did want the premises but was anxious to show that it had fully protected tenancies so that it would qualify for statutory rights of renewal. The argument put forward by Rolls Royce was that the so-called licenses of the premises were in reality tenancies and so were protected under the 1954 Act. It relied on the following – • It had exclusive possession of the premises. • The licenses were to last until either the term date of the in...
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Related to INTERIM OCCUPATION

  • POSSESSION AND OCCUPATION 7.1 Possession and occupation of the Property shall be taken by the Purchaser on the Possession Date, on which date all risk and benefit in respect thereof shall pass to the Purchaser. 7.2 The Seller shall use its best endeavours to ensure that the Property is available for occupation by the Estimated Possession Date. 7.3 Notwithstanding the aforesaid and should the Seller for whatsoever reason fail to give the Purchaser occupation of the Property by the Estimated Possession Date, the Purchaser acknowledges the fact that the Estimated Possession Date is only an estimated date and the Purchaser accordingly shall have no claim of whatsoever nature whether for cancellation or damages against the Seller as a result of such failure. 7.4 The Seller shall endeavour to give the Purchaser not less than 30 (thirty) days’ written notice of its intention to tender possession of the Property to the Purchaser. 7.5 Occupation of the Property by the Purchaser or anybody through the Purchaser shall not create a tenancy, that is to say, in the event of this Agreement being cancelled all rights to the occupation of the Property shall lapse and the Property shall be forthwith vacated. 7.6 The Purchaser acknowledges that all Sections within the Scheme may at the Transfer Date not be fully complete and that the Purchaser may suffer a slight inconvenience as a result. The Seller will however, prior to the Transfer Date, ensure that should such Sections in close proximity to the Property not be complete that it will be secured and closed off to limit any such inconvenience. 7.7 From the Possession Date until the Transfer Date the Purchaser shall - 7.7.1 keep the Property in good repair; 7.7.2 permit the Seller or its agent at all reasonable times to enter and inspect the Property subject thereto that the Purchaser has been given prior notice of any such intended inspection; 7.7.3 be responsible for all costs of electricity and water consumed on any part of the Property insofar as these may be separately metered; 7.7.4 be responsible for all obligations of an owner of a Section and the person holding exclusive use rights as set out in the Sectional Titles Act and the Sectional Titles Schemes Management Act; and 7.7.5 comply with all rules and regulations applicable to the Scheme. 7.8 The Purchaser hereby indemnifies the Seller and holds it harmless against any and all claims, expenses, liabilities and/or damages incurred or suffered by the Seller after the Possession Date.

  • Physical/Occupational Therapy This plan covers physical and occupational therapy when: • ordered by a physician; • received from a licensed physical or occupational therapist; • a program is implemented to provide habilitative or rehabilitative services. See Autism Services when physical therapy and occupational therapy services are rendered as part of the treatment of autism spectrum disorder. The amount you pay and any benefit limit will be the same whether the services are provided for habilitative or rehabilitative purposes.

  • OCCUPATION To be eligible for automatic reinsurance, the insured must not be employed in an occupation as shown in the Occupation Exclusion List in Schedule A.

  • Licence to Occupy Premises A5.1 Any land or Premises made available to the Contractor by the Authority in connection with the Contract, shall be made available to the Contractor on a non-exclusive licence basis free of charge and shall be used by the Contractor solely for the purpose of performing its obligations under the Contract. The Contractor shall have the use of such land or Premises as licensee and shall vacate the same on completion, termination or abandonment of the Contract.

  • Maximum Occupancy No more than two (2) guests per one (1) resident (who is present) are permitted in a student room/suite/apartment at any given time unless otherwise approved by the University (Residential Life).