Licence Agreement To Occupy Property Before Completion Of Purchase for Ireland

Licence Agreement To Occupy Property Before Completion Of Purchase Template for Ireland

This document is a specialized agreement under Irish property law that enables a prospective purchaser to occupy a property before the completion of the purchase transaction. It creates a temporary license arrangement that bridges the gap between exchange of contracts and completion, while carefully preserving the distinction between license and tenancy. The agreement includes comprehensive provisions for property access, maintenance responsibilities, payment terms, and risk allocation during the interim period, all governed by Irish law and property regulations.

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What is a Licence Agreement To Occupy Property Before Completion Of Purchase?

A Licence Agreement To Occupy Property Before Completion Of Purchase is utilized in Irish property transactions where there is a need for the purchaser to take occupation of the property before the sale can be completed. This situation might arise due to various circumstances, such as delays in mortgage processing, requirements for repairs or renovations, or timing constraints for relocation. The agreement provides a structured framework under Irish law for managing this interim period, protecting both parties' interests while maintaining the distinction between a license and a tenancy. It includes essential provisions for occupation terms, payment obligations, maintenance responsibilities, insurance requirements, and termination conditions. This document is particularly important in ensuring compliance with Irish property law while facilitating practical solutions in property transactions.

What sections should be included in a Licence Agreement To Occupy Property Before Completion Of Purchase?

1. Parties: Details of the Licensor (current owner) and Licensee (prospective purchaser)

2. Background: Context of the license agreement, including reference to the purchase agreement and reason for pre-completion occupation

3. Definitions: Key terms used throughout the agreement, including Property, License Period, License Fee, Completion Date

4. Grant of License: Explicit statement of the grant of license to occupy, emphasizing this is not a lease or tenancy

5. Duration: Period of the license, including start date and end date/completion date provisions

6. License Fee and Costs: Amount payable, payment terms, responsibility for utilities and other costs

7. Licensee's Obligations: Responsibilities including maintenance, permitted use, compliance with regulations, insurance requirements

8. Licensor's Obligations: Responsibilities including maintaining insurance, structural repairs, compliance with sale agreement

9. Property Condition: State of the property at occupation and return requirements

10. Restrictions on Use: Limitations on property use, alterations, and occupancy

11. Insurance and Liability: Insurance requirements and allocation of risk

12. Termination: Circumstances for termination, including completion, breach, or failure to complete purchase

13. Notices: How formal communications between parties should be made

14. Governing Law: Confirmation of Irish law governance and jurisdiction

What sections are optional to include in a Licence Agreement To Occupy Property Before Completion Of Purchase?

1. Access for Works: Required if property needs repairs or improvements before completion

2. Planning Matters: Include if there are ongoing planning applications or compliance requirements

3. Third Party Rights: Needed if other parties have rights over the property

4. Environmental Matters: Include if there are specific environmental concerns or obligations

5. Security Deposit: Optional section if a deposit is required beyond purchase deposit

6. Management Company Provisions: Required for apartments or managed developments

7. Special Conditions: For any unique circumstances affecting the property or occupation

What schedules should be included in a Licence Agreement To Occupy Property Before Completion Of Purchase?

1. Schedule 1 - Property Description: Detailed description of the property including boundaries and any excluded areas

2. Schedule 2 - Inventory: List of any furnishings or items included in the license

3. Schedule 3 - Service Charges: Breakdown of any service charges or maintenance fees

4. Schedule 4 - Property Condition Report: Detailed report on property condition at commencement of license

5. Schedule 5 - House Rules: Any specific rules applicable (especially relevant for apartments)

6. Appendix A - Plan: Property plans or maps showing the licensed area

7. Appendix B - Purchase Agreement Reference: Key details from the purchase agreement affecting the license

Authors

Alex Denne

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

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant Industries

Real Estate

Residential Property

Commercial Property

Legal Services

Property Management

Banking and Finance

Insurance

Construction and Development

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Facilities

Operations

Sales

Commercial

Contracts Administration

Relevant Roles

Property Lawyer

Real Estate Attorney

Conveyancing Solicitor

Property Manager

Estate Agent

Real Estate Broker

Property Developer

Legal Counsel

Compliance Officer

Risk Manager

Property Investment Manager

Facilities Manager

Transaction Manager

Property Operations Manager

Industries
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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