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.
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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.
- Grant of licence
- 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.
What other customers thought
Average customer rating
By Judith Whitmore 19 October 2015
I had no concerns about using Net Lawman. I had to source the above document in a hurry and thought your web site was professional and appeared to have the document I needed. I was pleased with my purchase and I only had to delete one paragraph to suit my needs. I would recommend your firm to others.
By Suzanne Jones 03 March 2015
I am a lawyer and the document I needed was not for an area of my usual practice. It was very convenient to be able to buy a precedent which I could then adapt for the needs of my clients. Even more so that I was drafting on a weekend and the service was available 24/7. Net Lawman was easy to use and I was able to save a significant amount of research time for my client.
S L Jones
By Wendy Zealey 16 October 2014
Added that Licencee will be required to vacate the premises if not complying with Licencee Promises at Term 9 or if sale fails at any stage for any reason. Also changed "rent" to "fee" and as a personal inclusion made the total amount payable in advance and non-refundable.
Overall had no problems buying online and it was exactly what I wanted. I probably saved a few hundred dollars.
Net Lawman responds 06 November 2014
A licence of any sort is very flexible. However, you would have the powers you have added, in any event.
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