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Excluded Licence Agreement Template for England and Wales

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Key Requirements PROMPT example:

Excluded Licence Agreement

"I need an Excluded Licence Agreement for a pop-up retail space in London, starting from March 2025 for 6 months, with specific provisions for extended trading hours during weekends and a break clause after 3 months."

Document background
An Excluded Licence Agreement is commonly used when parties need a flexible arrangement for property use without the complications of a full lease. This document type is particularly relevant in England and Wales, where it provides a way to avoid the security of tenure provisions of the Landlord and Tenant Act 1954. It's frequently used for co-working spaces, pop-up stores, or temporary office arrangements. The agreement includes specific terms about space usage, duration, fees, and obligations while explicitly stating its status as a licence rather than a lease.
Suggested Sections

1. Parties: Details of licensor and licensee

2. Background: Context and purpose of the licence agreement

3. Definitions: Key terms used throughout the agreement

4. Grant of Licence: Specific terms of the licence being granted

5. Licence Period: Duration and termination provisions

6. Licence Fee: Payment terms and amounts

7. Licensee Obligations: Responsibilities and restrictions on the licensee

8. Licensor Obligations: Responsibilities of the licensor

9. Exclusion Statement: Express statement excluding security of tenure rights

Optional Sections

1. Service Charges: Additional charges for services provided by licensor beyond basic space

2. Insurance: Insurance requirements and obligations for both parties

3. Permitted Use: Specific restrictions and permitted uses of the licensed space

4. Break Clause: Provisions for early termination of the licence agreement

Suggested Schedules

1. Schedule 1: Property Description: Detailed description of licensed area including floor plans if applicable

2. Schedule 2: Payment Schedule: Detailed breakdown of fees and payment dates

3. Schedule 3: Services: List of services provided by licensor and their specifications

4. Schedule 4: House Rules: Specific rules and regulations for use of space

Authors

Alex Denne

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

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Relevant Industries
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Industries

Landlord and Tenant Act 1954 (Part II): Key legislation for excluded licenses - the agreement must be structured to explicitly fall outside the security of tenure provisions of this Act. Essential for validating the 'excluded' nature of the license.

Law of Property Act 1925: Foundational legislation establishing fundamental property law principles and requirements for creating interests in land in England and Wales.

Housing Act 1988: Must be considered to ensure the agreement is properly structured to avoid inadvertently creating an assured shorthold tenancy.

Consumer Rights Act 2015: Applicable when the licensee is a consumer rather than a business, ensuring fair terms and transparent conditions in the agreement.

Unfair Contract Terms Act 1977: Governs the general fairness and enforceability of contract terms, particularly important for excluding or limiting liability.

Occupiers' Liability Acts 1957 and 1984: Establishes the duty of care owed to lawful visitors and trespassers, relevant for safety obligations in the license agreement.

Regulatory Reform (Fire Safety) Order 2005: Specifies fire safety requirements and obligations that may need to be addressed in the license agreement.

Street v Mountford [1985]: Landmark case law that established key principles for distinguishing between genuine licenses and leases, crucial for drafting valid excluded license agreements.

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

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