Category: Commercial Property
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Taking Over an Existing Commercial Lease? Don’t Make This Mistake
I am often asked by budding entrepreneurs to review the lease of a commercial premises which is part of a small business they are considering purchasing. The entrepreneur, understandably, is trying to avoid as much avoidable expenditure as possible and wants the lease reviewed for a competitive fee. I can do that, of course, without…
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Beware the Deed of Variation of a Commercial Lease
Are you a landlord or tenant of a commercial lease? Depending on when you entered into the lease it may provide for ‘upward only’ rent reviews. Commercial leases from before February 2010 typically contained upward only rent reviews. This meant that the rent could only increase at each rent review date, and that is what…
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Side Letters to Commercial Leases
If you are leasing a commercial property you may encounter a ‘side letter’ in addition to the lease itself. A side letter in such a situation is used by a landlord and tenant-as it is signed by both parties-to modify the terms of the lease itself, generally on a temporary basis. This would be done…
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Commercial Rates-How the Property Owner Can Avoid Liability for the Occupier’s Rates
Are you the owner of a commercial property which is let? Are you concerned about outstanding rates not being paid by the occupier, and being stuck with a charge on your property? The best way for you to avoid any liability for commercial rates is if your occupier pays the rates. But there is another…
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Assignment and Sub-Letting Your Commercial Premises-What You Should Know
Do you hold a lease on a commercial premises? Do you want to sub-let it? Or assign (transfer) it to someone else? You may run into difficulties with your landlord, though. Let’s take a look at the issues. Most leases will have a restriction on alienation-assignment or sub-letting- contained in the lease. This is to…
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Rent Review Clauses in Commercial Leases-What You Should Know
Do you occupy a retail, industrial, or office premises? If you do you will probably have you a commercial lease? If you have, it will almost certainly provide for a rent review. And you could be in for a very nasty shock. Let me explain. Over the last few years, since the property crash at…
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Here’s 3 Things Which Would Make Me Fire You as a Client
Let’s be honest. You’re thinking: “he’s a cheeky bugger”, “who does he think he is?” And, perhaps, worse. Hey, it wouldn’t be the first time. But stick with me because the 3 things might surprise you. And may even help you get more out of your professional advisor and better bang for your buck. Let’s…
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Buying Property from a Receiver or Mortgagee in Possession-Some Facts You Should Know
Everyone loves a bargain. And buying property from a mortgagee in possession or receiver acting on his behalf is becoming more commonplace in Ireland. Regardless of whether you buy at an Allsop’s type auction or by private treaty there are a few unique features of buying from a receiver or mortgagee in possession. Some of…
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An Easy Guide to Tenancies, Leases and Licences in Irish Law
Are you thinking about leasing or letting a property in Ireland? Or maybe you are being offered a licence? And you’re not sure what the difference is? Hopefully this guide will answer most of your questions. Tenancies/Leases Tenancies or leases fall into two broad categories: A tenancy for a fixed term A tenancy from year…
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Commercial Landlord And Tenant Disputes-The Facts You Should Know
Landlord and tenant disputes are on the rise for obvious reasons with the downturn in the economy and landlords being faced with the choice of trying to recover outstanding rent or additionally trying to recover their premises and get the tenant out. Generally the failure to pay rent by the tenant will be a breach of…