Use Clauses Leases will normally restrict the permitted use of the property. This will be particularly important in the case of a shopping centre or shopping arcade where there is a mix of different uses planning law will limit what a property may be used for and a breach has legal consequences. The landlord will also want to maintain the […]
Social and Affordable Housing The Residential Tenancies Act does not apply to dwellings let by or to a public authority including those to a housing authority. However, other special provisions apply in that regard. Where a public authority provides a dwelling of which it is owner to an approved housing body under a contract or lease of that the dwelling, […]
Statutory Obligations There are various schemes of legislation that are of relevance to commercial property. There are obligations to comply with planning permission, building regulations, health safety and welfare legislation and disability discrimination legislation. Depending on the nature of the property and the tenant’s business, other special legislation may apply. Statutory Notices Leases will typically oblige the tenant to comply […]
Registration of Tenancies Landlords are obliged to register details of all tenancies with the Private Residential Tenancies Board. Private residential landlords and Approved Housing Bodies are obliged to register their tenancies. The PRTB maintain a register with certain information about the tenancy, which is available online. It does not contain the key commercial terms of the letting. A mortgagee may […]
Overview An improvement means any addition to or alteration of the buildings comprised in the tenement and includes any structure erected on the tenement which is ancillary or subsidiary to those buildings and also includes the installation in the tenement of conduits for the supply of water, gas or electricity but does not include work consisting only of repairing, painting […]
Rent Controlled Lettings The Rent Restriction Act was introduced as a temporary measure during the First World War. Various later Acts changed the scope of cover. By the mid-1960s, a significant proportion of all rented accommodation was subject to rent control. Legislation in 1960 and 1966 limited the scope of coverage for new lettings and some property was decontrolled. New […]
Compensation for Improvements Where a tenant leaves premises, because of termination of its tenancy, it may be entitled to compensation for certain improvements made by it or its predecessor. No right of compensation applies where the tenant surrenders the lease or the lease is terminated by reason of the breach or the non-payment of rent. The improvements must such that […]
Termination When a lease term ends, the tenant is obliged to deliver possession, unless he has an option or a statutory right to renewal. A tenant from period to period, without a fixed term is obliged to deliver possession when it is terminated by notice. A landlord is entitled to terminate a lease and seek possession where the tenant has […]
Scope of 2019 Regulations These Regulations require landlords of rented houses (including flats and maisonettes), with some exceptions, to ensure that such houses meet certain minimum standards. The standards relate to, inter alia, structural condition, provision of sanitary facilities, food preparation, storage and laundry, availability of adequate heating, lighting and ventilation, the safety of oil, electricity and gas installations, fire […]
Overview The Landlord and Tenant Acts provide important statutory rights for tenants. Many important rights apply where the lease relates to a building or buildings and land where the land is ancillary and subsidiary to the building (defined as a tenement). Other landlord and tenant rights apply to all leases and tenancies, whether in writing or verbal. A tenement is […]
Procedure I In order to claim a new lease, a notice must be served within certain time limits by the tenant. Where a lease ends by the expiry of its term (agreed period), notice must be served before termination or within three months of the landlord serving notice of termination. Within that time limit, the tenant may serve a notice claiming […]
Circumstances of Termination Leases may terminate for a variety of reasons. A lease may terminate because the term of the lease has expired. A tenancy without a fixed term, typically, for successive periods may be terminated by notice by either party. The lease may terminate by reason of the non-payment of rent or breach of obligation by the tenant. The […]
The Emergency Measures in the Public Interest (Covid-19) Act 2020. The Act was deemed to commmence on 13th day of March 2020. The “emergency period” was the period of 3 months commencing on the enactment of this Act, and such other period (if any) as might be specified by order . A landlord could not serve a notice of termination […]