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Ireland > Legal Developments > Real Estate & Property > Law firm and leading lawyer rankings

Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

Landlord and Tenant Procedures and Remedies

December 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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.

Repair Covenants in Commercial Leases

November 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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.

Security of Tenure in Commercial and Residential Tenancies

November 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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”.

Taking Security on Commercial Properties

November 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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.

The Law in relation to Forfeiture

October 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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.

Developments in relation to Irish Real Estate Funds

October 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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.

Compulsory Purchase Orders Explained

October 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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”).

Common Areas of Apartment Developments

October 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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.

Building Energy Rating Certificates

August 2008 - Real Estate & Property. Legal Developments by Dillon Eustace.

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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.

New Environmental Licensing Regime

February 2005 - Real Estate & Property. Legal Developments by Landwell.

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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.

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