Residential property licence: pre-settlement

This licence to occupy is for a residential purchase where the licensee (also the purchaser) has agreed to purchase the property but doesn't want to wait to move in. The licensee allows the purchaser to occupy for a weekly fee until settlement.
Suitable for use in: ACT, NSW, NT, QLD, SA, TAS, VIC and WA
Price A$34
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About this document

Unlike for residential leases and property sale, there is little statutory regulation in this area. This licence is therefore suitable for any Australian State.

This licence to occupy is for a residential purchase where the licensee (purchaser) has agreed to purchase the property but doesn't want to wait to move in.  The licensee is prepared to occupy and pay a weekly fee until settlement. This benefits the licensor as it commits him to nothing, and he can get the licence fee in lieu of rent. It grants a licence to occupy for a period until settlement in return for a weekly licence fee and certain responsibilities if it fails to settle. This document does not grant leasehold rights or quiet enjoyment.

The document includes extensive notes on the differences between leases and licences.

Application and features

  • Very flexible to suit the requirements of the parties;
  • Includes all legal paragraphs and practical, sensible provisions;
  • Written in plain English;
  • Comes with extensive notes to guide you.


  • Definitions
  • Background
  • Grant of licence
  • Commencement
  • Scope
  • Exclusivity
  • Payment: weekly rent
  • Deposit: of however much you agree
  • Use of Property: residential only, not for business use
  • Licensee’s promises
  • Other legal provisions

This document was written by a solicitor for Net Lawman. It complies with current Australian law.

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