General Contractor Guide for Legal Guide
Documents Under Property Section Do it Yourself Tips for Legal Guide
Assignment of Beneficial Interest in Property - This document will allow the owner of a share in property to transfer that share to one or more other people. It is possible to deal with shares in all types of property including a share in a house or flat. The transfer may be by gift or for money. If the transfer is by gift then there is an appropriate certificate for exemption of stamp duty. If the transfer is for money over $60,000.00 then stamp duty is payable.
Notice of severance of joint tenancy - This document is a notice severing a joint tenancy of a property. It is intended to be used to effect individual interests in a property which would otherwise be covered by the rule of survivorship i.e. the survivor having a sole interest in a property.
Residential Tenancy Agreement and Assured Shorthold - This agreement is suitable to be used by a landlord of residential premises, having been drafted in a manner that favours the landlord, rather than the tenant. The document will assemble either an Assured or Assured Shorthold Tenancy as required.
Renovation Building Agreement - This agreement is designed for small-scale jobs to the home such as minor alterations, decorating, landscaping or laying a drive. It is not suitable and should not be used for building work except for the most minimal work. Building works are best covered by one of the standard form contracts which are generally used in the building industry, such as the Joint Contracts Tribunal (JCT) Agreement for Minor Building Works. Your architect or surveyor should be able to give you further information.
Licence for Employee to Occupy Residential Accommodation - This document is intended to govern the terms under which an employee occupies premises that are provided by his employer. It grants to the employee only very limited rights under a licence, falling far short (for example) of the rights that a tenant typically enjoys under a lease. In particular, the employee is entitled to occupy the premises only whilst he continues to be employed by the employer. So, on the termination of the contract of employment, his entitlement to occupy the premises automatically ceases.
Licence to Occupy Business Premises - This document consists of a licence permitting a person or company to occupy business premises in circumstances (which will be rare) where it is NOT appropriate for the occupier to have the legal status or rights of a tenant. In most cases a person or company occupying business premises will have the legal status of a tenant, even if the agreement entered into calls itself a licence. Cases where a licence could properly be entered into are, in general, those where all the parties to the agreement genuinely do not intend to create a tenancy. Some examples are a family arrangement, an act of friendship or generosity to help someone out (probably only for a temporary period), an arrangement intended to be strictly for a short time (such as where the proposed occupier is waiting for other premises to be ready, or pending the completion of negotiations on the terms of a lease), or an arrangement which involves the occupier sharing the premises with others.
Agreement for sharing a house or flat - This document is designed to set out the terms on which the owner of a house or flat shares it with another person - the occupier. If there is more than one occupier, each should sign a separate agreement with the owner. In any house or flat sharing arrangement, it is important for the owner and occupier to sign a document such as this to avoid misunderstandings arising as to their respective rights and obligations. It is especially important to record that, as will generally be the case, the occupier shares under a licence arrangement that can easily be brought to an end if any dispute arises with the owner, as opposed to a tenancy which may be more difficult to terminate. The document is designed with this in mind.