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Commercial Licence To Occupy for Ireland

Commercial Licence To Occupy Template for Ireland

A Commercial License to Occupy is a legal document used in Ireland that grants temporary, non-exclusive rights to occupy and use specific commercial premises without creating a landlord-tenant relationship. This document is governed by Irish law and provides flexibility for both property owners and occupiers, detailing the terms of occupation, payment obligations, permitted use, and termination rights. It includes specific provisions for insurance, maintenance, and compliance with Irish property and safety regulations, while maintaining the important legal distinction from a lease agreement.

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What is a Commercial Licence To Occupy?

A Commercial License to Occupy is commonly used in Ireland when businesses need flexible, temporary access to commercial space without the long-term commitments associated with a lease. This arrangement is particularly valuable for pop-up stores, temporary offices, co-working spaces, or seasonal business operations. The document carefully maintains the distinction between a license and a lease under Irish law, typically including provisions for payment terms, duration, permitted use, insurance requirements, and termination rights. It offers greater flexibility than traditional leases while providing necessary legal protections for both the property owner and occupier. The agreement is structured to comply with Irish property law, particularly the Land And Conveyancing Law Reform Act 2009, and includes specific provisions for health and safety compliance.

What sections should be included in a Commercial Licence To Occupy?

1. Parties: Details of the Licensor and Licensee, including registered addresses and company numbers

2. Background: Context of the agreement and confirmation that this is a license, not a lease

3. Definitions: Key terms used throughout the agreement, including 'Permitted Use', 'License Period', 'License Fee', and 'Premises'

4. Grant of License: Express terms of the license grant, specifically stating it is personal, temporary, and non-exclusive

5. License Period: Duration of the license, including start and end dates, and any renewal provisions

6. License Fee and Costs: Payment terms, including amount, frequency, and method of payment, plus any additional costs

7. Licensee Obligations: Key responsibilities including maintenance, permitted use restrictions, and compliance with regulations

8. Licensor Obligations: Responsibilities of the property owner, including maintenance of common areas and structural elements

9. Insurance and Liability: Insurance requirements and allocation of risk between parties

10. Termination: Circumstances under which either party can end the license, including notice periods

11. Governing Law: Confirmation that Irish law governs the agreement

What sections are optional to include in a Commercial Licence To Occupy?

1. Services: Details of any additional services provided by the Licensor, used when the license includes service provision

2. Security Deposit: Terms of any security deposit required, included when the Licensor requires financial security

3. Fit-Out Works: Provisions regarding any permitted alterations or installations, needed when the Licensee requires specific fit-out

4. Sharing and Assignment: Provisions regarding third-party use, included when relevant to the commercial arrangement

5. Break Rights: Early termination provisions, included for longer-term licenses

6. Service Charge: Details of service charge calculations and payments, needed for multi-occupied buildings

7. Utilities: Specific provisions for utility connections and payments, used when utilities are separately metered

8. Covid-19 Provisions: Specific provisions relating to pandemic measures, included if still relevant to the premises or business

What schedules should be included in a Commercial Licence To Occupy?

1. Schedule 1 - Plan: Floor plan clearly showing the licensed area and any shared facilities

2. Schedule 2 - Inventory: List of any furniture, equipment or fixtures included in the license

3. Schedule 3 - House Rules: Building regulations and operational requirements, particularly important for shared buildings

4. Schedule 4 - Service Level Agreement: Detailed description of any services provided by the Licensor

5. Schedule 5 - Condition Report: Documentation of the condition of the premises at commencement

6. Appendix A - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

7. Appendix B - Fit-Out Specifications: Technical requirements for any permitted alterations or installations

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

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

License Agreement

Sector

IP

Cost

Free to use

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