Commerical Landlord Essay Flashcards
(15 cards)
What statute governs the tenant’s right to a new tenancy in Ireland?
The Landlord and Tenant (Amendment) Act 1980.
What is a “tenement” under s.5 of the 1980 Act?
Land or a building (or part) used for or ancillary to business, held under a lease or tenancy, not of temporary convenience.
Name the three grounds under s.13 that entitle a tenant to a new tenancy.
Business Equity, Long User Equity (now mostly repealed), and Improvement Equity.
What is required to claim a new tenancy under Business Equity?
At least 5 years of continuous bona fide business occupation (3 years if before Aug 1994).
What case denied renewal due to breach of non-business use clause?
O’Byrne v M50 Motors.
When was Long User Equity abolished?
For tenancies commencing after 1 September 2009 by the Residential Tenancies Act 2004, s.191(2).
What qualifies as Improvement Equity?
Tenant improvements worth ≥50% of the rental value of the premises.
Can temporary breaks in occupation affect renewal rights?
Yes, but courts may disregard them if reasonable under s.13(2).
Which case involved a caretaker agreement breaking continuity?
Gatien Motor Co.
Which case reaffirmed that reasonable breaks don’t necessarily void rights?
Edward Lee v N1 Property [2012].
List four grounds for disentitlement under s.17.
Non-payment of rent, breach of covenant, surrender, or valid notice to quit for good and sufficient reason.
What planning-related ground can also prevent a new tenancy?
Landlord’s intention to redevelop with planning permission.
What must a tenant serve to begin the renewal process?
A Notice of Intention to Claim Relief under s.20.
What is the maximum duration of a new tenancy under the Act?
35 years (default for business tenancies is 20 years).
What case invalidated attempts to contract out of the Act?
Bank of Ireland v Fitzmaurice [1989].
