A Post Occupancy Agreement is a specialized legal document used in Irish property transactions when a previous owner or occupant needs to remain in the property temporarily after the completion of a sale or termination of a primary agreement. This situation commonly arises when the previous occupant requires additional time to relocate, or when there are delays in their new accommodation arrangements. The agreement provides a structured framework for this temporary arrangement, clearly defining the rights and obligations of both parties, occupation fees, duration, and maintenance responsibilities. It is essential to ensure compliance with Irish property law while protecting both parties' interests. The document includes specific provisions for property condition, insurance requirements, and termination procedures, making it distinct from standard rental agreements or leases.
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1. Parties: Identification of the property owner/landlord and the occupant(s), including full legal names and addresses
2. Background: Context of the agreement, including the reason for post-occupancy arrangement and reference to any previous agreements
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Occupation Period', 'Occupation Fee', etc.
4. Grant of License: Terms of the temporary right to occupy the property, specifically establishing this as a license rather than a tenancy
5. Duration: Specific period of post-occupancy, including start and end dates
6. Occupation Fee: Amount payable for the occupation period, payment terms, and method
7. Property Condition: State of the property at the start of occupation and requirements for maintenance
8. Occupier's Obligations: Specific responsibilities of the occupier during the post-occupancy period
9. Owner's Obligations: Responsibilities and obligations of the property owner during the period
10. Insurance: Requirements for insurance coverage during the occupation period
11. Termination: Circumstances and process for early termination of the agreement
12. Governing Law: Confirmation that the agreement is governed by Irish law
1. Utilities and Services: Details of responsibility for utility payments and services - optional if included in occupation fee
2. Security Deposit: Terms of any security deposit - optional if no deposit is required
3. Access Rights: Specific provisions for owner access - optional if covered under standard terms
4. Permitted Occupants: List of additional authorized occupants - optional if single occupant
5. Special Conditions: Any unique circumstances or requirements specific to the situation
6. Force Majeure: Provisions for unforeseen circumstances - optional but recommended for longer periods
7. Dispute Resolution: Specific procedures for resolving disputes - optional if relying on standard legal processes
1. Schedule 1 - Property Description: Detailed description of the property including address, boundaries, and included fixtures/fittings
2. Schedule 2 - Inventory: Detailed list of furniture, appliances, and items included in the property
3. Schedule 3 - Condition Report: Detailed report on the condition of the property and contents at the start of occupation
4. Schedule 4 - House Rules: Any specific rules or regulations for the property
5. Appendix A - Photographic Evidence: Photos documenting the condition of the property at commencement
6. Appendix B - Utility Readings: Initial meter readings for utilities at the start of occupation
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