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Excluded Licence Agreement Template for Ireland

An Excluded Licence Agreement under Irish law is a legal document that grants permission to occupy or use property without creating a landlord-tenant relationship or conferring exclusive possession rights. This agreement is specifically structured to fall outside the scope of the Residential Tenancies Act 2004 and related legislation, making it particularly suitable for temporary occupation arrangements, serviced offices, student accommodation, and similar situations where flexibility and limited rights of occupation are desired. The document outlines the terms of use, payment obligations, duration, and specific limitations that characterize it as a licence rather than a lease.

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What is a Excluded Licence Agreement?

The Excluded Licence Agreement is designed for situations under Irish law where property owners or managers wish to grant occupation rights without creating a formal tenancy. This document type is particularly relevant in today's dynamic property market, where flexible occupation arrangements are increasingly common. The agreement explicitly establishes itself as an Excluded Licence Agreement, carefully avoiding the creation of exclusive possession rights that would characterize a lease. It's commonly used for serviced offices, student accommodation, temporary workspace solutions, and similar arrangements where the occupier needs a clear right to use the property but the provider needs to maintain significant control and flexibility. The document includes specific provisions that ensure compliance with Irish property law while maintaining the distinct characteristics of a licence rather than a lease.

What sections should be included in a Excluded Licence Agreement?

1. Parties: Identification of the Licensor and Licensee with full legal names and addresses

2. Background: Context of the agreement and confirmation that this is intended to be a licence, not a lease

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

4. Grant of Licence: Express terms of the licence grant, clearly stating it's non-exclusive and temporary

5. Licence Fee and Payment Terms: Amount payable, payment schedule, and method of payment

6. Duration and Termination: Length of licence period, renewal terms, and termination rights

7. Licensee Obligations: Responsibilities of the licensee including conduct, maintenance, and compliance with rules

8. Licensor Obligations: Responsibilities of the licensor including access, services, and maintenance

9. Permitted Use: Specific allowed uses of the property under the licence

10. Property Rules: Rules governing the use of the property and common areas

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

12. General Provisions: Standard clauses including notices, governing law, and entire agreement

What sections are optional to include in a Excluded Licence Agreement?

1. Services: Details of additional services provided by the licensor, used when the licence includes utilities, cleaning, or other services

2. Security Deposit: Terms for security deposit if required, including amount, holding, and return conditions

3. Shared Facilities: Rules and arrangements for shared spaces, used when the property includes common areas

4. Personal Property: Provisions regarding furnishings and equipment provided by the licensor, used for furnished properties

5. Access and Security: Specific arrangements for access cards, keys, or security systems, used in commercial or managed buildings

6. Alternative Contact: Nomination of emergency contacts or alternative contact persons, used in student or temporary accommodation

7. Break Clause: Early termination options, used when flexibility is required

8. Covid-19 Provisions: Special arrangements related to health and safety protocols, used if still relevant

What schedules should be included in a Excluded Licence Agreement?

1. Schedule 1 - Property Description: Detailed description of the licensed property including floor plans or photographs

2. Schedule 2 - Inventory: List of furnishings, fixtures, and equipment included in the licence

3. Schedule 3 - House Rules: Detailed rules and regulations for the property

4. Schedule 4 - Service Level Agreement: Detailed description of any services provided as part of the licence

5. Schedule 5 - Fee Schedule: Breakdown of licence fee, service charges, and other applicable fees

6. Appendix A - Floor Plan: Visual representation of the licensed area and any shared spaces

7. Appendix B - Photography Schedule: Photographs documenting the condition of the property at commencement

Authors

Alex Denne

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

Jurisdiction

Ireland

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use

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