The Bare Licence To Occupy is a versatile legal instrument used in Ireland when temporary occupation rights need to be granted without establishing a formal landlord-tenant relationship. This document is particularly useful for situations requiring flexible, short-term arrangements, such as pop-up stores, temporary office space, or short-term accommodation. The agreement explicitly maintains the licensor's control and access rights while providing the licensee with permission to use the space for specified purposes. It includes essential terms covering occupation period, fees, permitted use, and parties' obligations, all structured to comply with Irish property law and ensure the arrangement cannot be construed as a lease. The document is designed to be adaptable to various commercial and residential contexts while maintaining its fundamental characteristic as a personal permission rather than an interest in land.
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1. Parties: Identifies the licensor and licensee with full legal names and addresses
2. Background: Explains the context and purpose of the licence, emphasizing that this is a personal permission to occupy rather than a lease
3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Permitted Use', and 'Licence Period'
4. Grant of Licence: Explicitly states the grant of permission to occupy, emphasizing its non-exclusive nature and that no tenancy is created
5. Licence Period: Specifies the duration of the licence and any notice periods for termination
6. Licence Fee: Details the fee payable, payment terms, and any review mechanisms
7. Permitted Use: Clearly defines how the licensee may use the property and any restrictions
8. Licensor's Rights: Preserves the licensor's right to enter, inspect, and maintain control over the property
9. Licensee's Obligations: Lists the licensee's responsibilities regarding use, maintenance, and conduct
10. Insurance and Liability: Specifies insurance requirements and allocation of risk
11. Termination: Sets out circumstances for termination and the process
12. Notices: Specifies how formal communications between parties should be made
13. Governing Law: Confirms the agreement is governed by Irish law
1. Utilities and Services: Used when the licence includes responsibility for utilities or service charges
2. Security Deposit: Include when a deposit is required from the licensee
3. Alterations: Needed when there's possibility of the licensee making changes to the property
4. Shared Facilities: Required when the property includes access to common areas or shared amenities
5. Health and Safety: Include for commercial premises or when specific safety requirements apply
6. Data Protection: Required when personal data will be processed as part of the arrangement
7. Force Majeure: Include when needing to address extraordinary circumstances affecting the licence
8. Assignment and Sub-Licensing: Include to explicitly prohibit transfer of the licence rights
1. Schedule 1 - Property Description: Detailed description of the licensed property including floor plans or photographs
2. Schedule 2 - Inventory: List of any furniture, equipment, or items included in the licence
3. Schedule 3 - House Rules: If applicable, rules governing the use of the property or shared facilities
4. Schedule 4 - Service Level Agreement: For commercial licenses, details of any services provided
5. Schedule 5 - Plans: Maps or floor plans showing the licensed areas and any shared spaces
6. Appendix A - Condition Report: Documents the condition of the property at the start of the licence period
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