Law of Property Act 1925: Fundamental legislation that distinguishes between leases and licenses, and defines various property rights and interests. Critical for establishing the correct legal framework for a license to occupy.
Landlord and Tenant Act 1954: Must be explicitly excluded to prevent creating security of tenure, as licenses should not grant the same rights as tenancies. Important for maintaining the distinction between licenses and leases.
Housing Act 1988: Needs consideration to ensure the agreement doesn't inadvertently create an assured shorthold tenancy instead of a license to occupy.
Protection from Eviction Act 1977: Governs notice requirements and eviction procedures, while also providing protection for occupiers against harassment and illegal eviction.
Consumer Rights Act 2015: Applicable when the licensee is a consumer, requiring all terms to be fair and transparent in the agreement.
Occupiers' Liability Acts 1957 and 1984: Establishes the duty of care owed to both occupiers and visitors to the property.
Regulatory Reform (Fire Safety) Order 2005: Sets out fire safety obligations that must be complied with in the property.
Housing Act 2004: Establishes health and safety standards including the Housing Health and Safety Rating System (HHSRS) that must be maintained.
Data Protection Act 2018 and UK GDPR: Governs the handling and protection of occupier's personal data during the license period.
Equality Act 2010: Ensures prevention of discrimination in property occupation and sets out protected characteristics that must be respected.
Common Law Principles: Relevant case law regarding distinction between licenses and leases, exclusive possession, contractual formation, and quiet enjoyment rights.
