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-Differences between a lease and a license | Cyprus Mail

-Differences between a lease and a license | Cyprus Mail

used for business, may transfer their use and management to another person by means of a written agreement for a fixed or periodic period of time for a specified fee. They call this agreement a license, the consideration a license fee, and the lessee a licensee. However, the above agreement is actually a lease which can become a statutory lease. The words used by the parties are irrelevant in determining whether their agreement creates a lease or grants a license. The agreement must be read as a whole together with the transaction. The parties cannot turn a lease into a license simply by calling it one.

The President of the Limassol and Paphos Rent Control Court, George Pagiasis, considered this topic in''s September 29 judgment on eviction claims E169/2021 and E58/2022. He stated that a lease is a bilateral agreement relating to a real fact and requiring documentation. A lease is usually made expressly and in writing. But a lease can also be established based on the intentions and behavior of the parties entering into the contract. Under the doctrine of contractual relations, a lease binds only the parties to the contract, except for certain exceptions such as agency, assignment, and repair.

'Statutory' is a contractual lease that is subject to the Rent Control Act, with the result that the relationship between the parties cannot contravene statutory provisions. Statutory leases relate to''premises and is independent of the relationship between owner and tenant. It is not a contract but a personal right of the statutory tenant not to be evicted from the premises.

The license, meanwhile, is largely concerned with legalizing a situation that would otherwise be considered an unlawful interference on the land.

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The existence of a fixed term, the definition of the beginning and end of the contract, and the existence of an agreed remuneration indicate a lease, not a license. The most decisive element in determining whether it is a license or a lease is whether the right of "exclusive possession" has been granted. Without that, there is no lease. The concept of possession is not limited to the establishment of physical possession, but has a broader dimension and means''legal right to possession. Practically, this means that the tenant, as the holder of the right to possession, has the ability to evict anyone from the premises, whether it is a third party unlawfully occupying the premises or even the owner himself. This does not apply where a license is granted.

While determining which of the two applies, the court held that the disputed contract was unquestionably a lease. First, the descriptive nature of the contract is not the decisive factor. What is essential is the content itself. Second, all the conditions for a valid lease to exist were met. Specifically, there was a specified term "from January 1, 2014 through December 31, 2019." Moreover, not only was a specific consideration specified, but, in addition,''Through the reference that "the aforesaid license fee will be prepaid on the first day of each month", there was an obligation to pay it, which confirmed that it was a lease. In addition, it was particularly decisive that the defendants had admitted in the substantive statement that they retained exclusive possession of the disputed property.

The court concluded that there had been a lease which had become statutory and awarded possession of the premises because of the existence of rent arrears, a judgment for rent arrears, benefit of possession, statutory interest and costs.

George Cucunis

George Koukounis is an attorney practicing in Larnaca and founder of GEORGE COUCOUNIS LLC, Advocates & Legal''Consultants, www.coucounis.law, [email protected]

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