A Lease Licence is commonly used in New Zealand when parties require a more flexible arrangement than a traditional lease while maintaining clear legal rights and obligations. This document type is particularly useful for temporary or shared space arrangements, pop-up venues, or situations where exclusive possession is not intended. The Lease Licence combines elements of both lease and licence agreements, governed by New Zealand property law, particularly the Property Law Act 2007. It typically includes detailed terms about property use, duration, fees, maintenance responsibilities, and termination rights, while offering greater flexibility in terms of modification and termination compared to standard leases. This document is essential for businesses and individuals seeking to grant or obtain property usage rights without the full complexities of a lease agreement.
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1. Parties: Identifies and defines the Licensor and Licensee with their full legal names and addresses
2. Background: Sets out the context of the agreement, including brief description of the property and the parties' intention to enter into a lease licence arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Grant of Licence: Specifies the exact nature of the rights being granted, including any restrictions and limitations
5. Term and Renewal: Defines the duration of the licence and any renewal options
6. Licence Fee and Payment Terms: Details the fee structure, payment schedule, and payment methods
7. Permitted Use: Clearly specifies how the licensed area may be used by the Licensee
8. Licensee's Obligations: Lists all responsibilities and obligations of the Licensee
9. Licensor's Obligations: Lists all responsibilities and obligations of the Licensor
10. Maintenance and Repairs: Specifies responsibilities for maintaining and repairing the licensed area
11. Insurance and Liability: Details insurance requirements and allocation of risks
12. Termination: Sets out circumstances under which the licence can be terminated and the process for termination
13. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. Utilities and Services: Include when the licence includes provisions for utilities and services
2. Alterations and Improvements: Include when the Licensee is permitted to make changes to the licensed area
3. Security Deposit: Include when a security deposit is required
4. Sublicensing and Assignment: Include when transfer rights need to be addressed
5. Health and Safety: Include for commercial premises or when specific safety requirements apply
6. Environmental Obligations: Include when environmental considerations are relevant
7. Access and Security: Include when specific access arrangements or security measures are required
8. Force Majeure: Include when protection against unforeseen events is needed
1. Schedule 1 - Property Description: Detailed description of the licensed area including plans and photographs
2. Schedule 2 - Licence Fee Schedule: Detailed breakdown of fees, payment dates, and review mechanisms
3. Schedule 3 - Condition Report: Detailed report on the condition of the licensed area at commencement
4. Schedule 4 - Building Rules and Regulations: Specific rules and regulations applicable to the property
5. Schedule 5 - Fit-out Specifications: Details of any approved fit-out works or modifications
6. Appendix A - Plan of Licensed Area: Floor plan or site plan clearly showing the licensed area
7. Appendix B - Insurance Requirements: Detailed specifications of required insurance coverage
8. Appendix C - Operating Hours and Access Procedures: Specific details about access times and procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Retail
Education
Healthcare
Hospitality
Industrial
Technology
Professional Services
Government and Public Sector
Non-profit Organizations
Relevant Teams
Legal
Property Management
Operations
Facilities Management
Commercial
Risk Management
Compliance
Administrative Services
Real Estate
Asset Management
Relevant Roles
Property Manager
Facilities Manager
Legal Counsel
Real Estate Manager
Operations Manager
Business Development Manager
Commercial Director
Asset Manager
Compliance Officer
Contract Administrator
Property Developer
Site Manager
Space Planning Manager
Corporate Services Manager
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