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 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).

What’s the role of a solicitor in the process?

• Drafting of long or short term Commercial Leases and letting arrangements
• Seeking consents of Superior Landlords/ Management Companies
• Prompt taking of instruction with responding action, urgently if necessary for eviction of non compliant tenants
• Serving notices and seeking injunctions/ issuing (re)possession or ejectment proceedings
• Court representation
• Pursuing and enforcing costs and damages awards against tenants
• Enforcing covenants including reinstatement
• Advice and assistance on complying with house rules, legislation and regulations

What are your next steps?

Just inform the estate agent and your Lender that Tallans will be looking after you and we will take it from there. The seller will send us Contracts and copy title documents which we will review and raise queries on. Your Lender will send us a copy of your Loan Offer and a legal pack of documents for you to sign. We will email you all the documentation that you need to see so that you can review it at your leisure and prepare any questions in advance of a meeting. The aim is to have just one face to face meeting for you to sign Contracts and Loan Documents to minimise the amount of time you need to spend away from your own jobs and families. We will keep you updated at every important step by email and telephone so that you feel reassured and in control throughout the process.