COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF LUCAN AREA COMMITTEE

Thursday, June 23, 2016

MOTION NO. 25

MOTION: Councillor G. O'Connell

Cathaoirleach's Business

"That the CEO would provide this committee with the criteria used by this Council in deciding when to provide a “Lease” and when to provide a “Licence” when assigning (part of) parkland, buildings or other publicity owned property to a sports organisation or community group in the Lucan Palmerstown area." 

REPORT:

"Property licences can often be confused with leases.

There are significant differences between a licence and a lease when it comes to the letting or use of property.

  1. A licence, unlike a lease, does not transfer any interest or estate in the land to the licensee
  2. A licence is a ‘mere permission’ to use the premises
  3. A lease confers statutory rights and protections whereas a licence confers none of these.

Property owners or intending tenants need to be aware that entering legal relations which involve occupancy of a premises and on-going payments that they should be clear in advance as to what the relationship is and the intentions of the parties involved."