Landlord and Tenant Disputes

A large part of our practise is concerned with resolving disputes between Landlord and Tenants of commercial property.

A landlord can choose to sue a tenant for a judgement debt in respect of unpaid rent or he can seek repossession of the property or both. The problem is particularly acute where tenants are trapped in leases which don’t allow downwards rent review. Landlords may similarly be trapped in loans which prevent them from lowering the rent. Landlords should not try to take possession forcibly as this will inevitably result in the Tenant taking an injunction and the Courts will not permit ‘taking the law into your own hands’. It is possible to obtain an order for possession relatively quickly in the Dublin Circuit Court following the issue of an ejectment civil bill. It helps to have a Lease which provides for Forfeiture as a remedy. From a Tenants perspective, it is possible to seek relief from ejectment and the Courts will look favourably on a Tenant who is prepared to pay its rent and wishes to stay in a property. It is possible for a Tenant to secure a long lease after it has built up a business equity in the property (five years with no renunciation). We are happy to advise both Landlords and Tenants in these situations. Contact Gerard McGrath (gmcgrath@mcgrathmcgrane.ie ) for a discussion on whether we can use our skill and experience to benefit you.