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To ask Her Majesty’s Government what assessment they have made of the practice of some landlords and tenants in letting or subletting part of a privately owned domestic property by means of a licence in circumstances where they do not also live on the premises; and whether they are considering proposals to control such activity.
No such assessment has been made and we are not considering proposals to control the practice of letting or sub-letting by licence by a landlord or tenant who does not live in the privately owned property.
A tenancy gives the person to whom it is granted an estate in land whereas a licence confers only a personal permission on the person to whom it is granted. The key factor for identifying whether someone has been granted a tenancy or a licence is whether he/she has been granted exclusive possession of the property (although there are other factors). Common examples of where an occupier is likely to have a licence rather than a tenancy are holiday lets/hotels and cases where the occupier lodges in the landlords own home.