The Legal 500

The Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010 (“the Act”) was introduced into law on 01/01/2011. It brought into Irish law the concept of civil partnerships for same sex couples as well as certain rights for cohabiting couples.

On 28 February 2010 the much-hyped section 132 of the Land and Conveyancing Law Reform Act 2009 came into effect. This section effectively curtails upwards only rent review clauses.

This update examines the procedures open to landlords facing difficulties where (i) tenants remain in possession beyond the expiration of the stated term of the lease, or (ii) the landlord wishes to terminate the tenancy prior to expiration of the stated term.

In recent years the commercial lease has assumed significant proportions, with more emphasis than ever being place on the commercial concerns affecting both landlords and tenants. One of the most critical concerns for both parties is their repair obligations in respect of the property. This update is a brief consideration of the salient issues.

A commercial or residential tenant will look to the Landlord and Tenant (Amendment) Act 1980 (the “1980 Act”) and the Landlord and Tenant (Amendment) Act 1994 in asserting his or her rights to renew an existing lease. These acts provide that in order to be entitled to a new tenancy beginning on the termination of the previous tenancy, a tenant must prove the existence of one of the four “equities”.

The purpose of a bank or other lending institution taking security over commercial property is to ensure a quicker and more assured payout in the event that a borrower company goes into receivership, examinership or liquidation.

Landlords often experience difficulties with a tenant during the term of a lease. Such difficulties can arise as a result of breach of a covenant or condition in a lease, such as failure to pay rent or to keep the property in good repair. The most appropriate remedy in this situation is forfeiture. ‘Forfeiture’ literally means the deprivation of a person of his or her property as a penalty for some act or omission. This update outlines the current position in Ireland in relation to forfeiture from the perspective of both landlord and tenant, paying particular attention to the grounds for forfeiture, the enforcement of forfeiture and the reliefs available.

We have set out below in summary format the key changes which we have managed to negotiate with the Irish Financial Regulator over the last number of months which we think will lead to a much brighter future for the development of regulated real estate funds in Ireland.

This update highlights changes in the procedure for the compulsory acquisition of land as enacted by the Planning and Development Act 2000 (the “Act”). Essentially, the Act transfers the functions of the Minister for the Environment and Local Government (the “Minister”) to An Bord Pleanala, the Irish planning board (the “Board”).

When purchasing an apartment within a development, the usual title furnished is long leasehold. This may be either Land Registry long leasehold or Registry of Deeds long leasehold. Each development has communal areas, which are used by all apartment owners to access their respective apartments. Accordingly, the freehold title to the development is not transferred to any one apartment owner and is retained by the landowner. This includes all of the common areas. The common areas can include, but are not limited to, the entrance to the apartment block, elevators, stairways, open spaces and parking spaces.

Section 7 of the European Communities Energy Performance of Buildings Directive requires that when a building is constructed, sold or rented a Building Energy Rating (BER) certificate must be provided for inspection by the prospective purchaser or tenant.

Introduction

A new system of Integrated Pollution Prevention and Control (IPPC) licensing came into effect on 12 July 2004. The primary aims of IPPC licensing are to prevent or reduce emissions to air, water and land, to reduce waste and to use energy efficiently. The IPPC system replaces Integrated Pollution Control (IPC)as the licensing regime applicable to certain industrial activities in Ireland.