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Holding Deposit Agreement

Holding Deposit Agreement Template for Ireland

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Key Requirements PROMPT example:

Holding Deposit Agreement

"I need a Holding Deposit Agreement for a residential property at 123 Dublin Road, where the prospective tenant will pay €500 to secure the property until January 15, 2025, with standard reference check requirements."

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Document background
The Holding Deposit Agreement is a crucial document in the Irish residential and commercial property rental process, typically used between the property viewing and the signing of a formal lease agreement. This document serves to protect both the landlord's and prospective tenant's interests during the pre-tenancy period. It outlines the amount of the holding deposit, conditions for its refund or forfeiture, and the timeframe within which the formal tenancy agreement must be completed. The agreement must comply with Irish property law, including the Residential Tenancies Act 2004 and its amendments. It typically includes details about the property, the proposed tenancy terms, and the requirements for proceeding to a full tenancy, such as successful reference checks and proof of identity. The Holding Deposit Agreement helps prevent gazumping and provides clarity on the pre-tenancy process for all parties involved.
Suggested Sections

1. Parties: Identification of the landlord/agent and prospective tenant(s), including full legal names and addresses

2. Background: Brief context explaining the purpose of the holding deposit and the property being considered for rental

3. Definitions: Key terms used throughout the agreement including 'Holding Deposit', 'Property', 'Proposed Tenancy', 'Deadline for Agreement'

4. Property Details: Full description and address of the property being held

5. Holding Deposit Amount: Specification of the deposit amount and payment details

6. Purpose of Holding Deposit: Clear explanation that the deposit secures the property while reference checks and tenancy agreements are being prepared

7. Duration and Deadlines: Timeframe for which the property will be held and deadline for completing the tenancy agreement

8. Conditions for Proceeding to Tenancy: Requirements that must be met to proceed to full tenancy (references, proof of identity, right to rent, etc.)

9. Refund Conditions: Circumstances under which the holding deposit will be refunded in full

10. Forfeiture Conditions: Circumstances under which the holding deposit may be retained by the landlord/agent

11. Application of Deposit: How the holding deposit will be applied if proceeding to tenancy (e.g., converted to security deposit or rent)

12. Signatures: Execution clause and signature blocks for all parties

Optional Sections

1. Multiple Applicants: Additional terms for cases where multiple tenants are applying jointly

2. Special Conditions: Any specific conditions or requirements unique to this property or situation

3. Property Viewing Confirmation: Confirmation that the prospective tenant has viewed the property, used when the viewing has already taken place

4. Proposed Tenancy Terms: Overview of the main terms of the proposed tenancy, used when these have been preliminarily agreed

5. Agent Authority: Confirmation of agent's authority to act on behalf of the landlord, required when an agent is involved

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including any furniture, fittings, and specific inclusions/exclusions

2. Schedule 2 - Payment Details: Bank account details and payment reference information for the holding deposit

3. Schedule 3 - Required Documentation: List of documents and information required from the prospective tenant

4. Appendix A - Reference Check Requirements: Details of the reference check process and requirements

5. Appendix B - Proposed Tenancy Terms Summary: Summary of key terms of the proposed tenancy including rent, deposit, and proposed start date

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





























Clauses

























Relevant Industries

Real Estate

Property Management

Residential Property

Commercial Property

Legal Services

Property Development

Housing

Rental Management

Relevant Teams

Legal

Property Management

Real Estate

Lettings

Compliance

Operations

Administrative Support

Customer Service

Tenancy Management

Document Control

Relevant Roles

Property Manager

Letting Agent

Estate Agent

Legal Counsel

Property Administrator

Leasing Manager

Real Estate Agent

Tenancy Coordinator

Property Consultant

Housing Officer

Compliance Manager

Real Estate Lawyer

Property Operations Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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