Litigation involving the relationship between a landlord and tenant is a complicated but a very commonly litigated area of law. In particular, the commercial reality and giving effect to the terms and conditions of a lease signed many years ago may prove problematic and financially draining for both a landlord and tenant. Circumstances may have changed considerably from when the lease was signed and there may be attempts to resurrect terms of a lease which had been largely forgotten about. This may easily result in a breakdown in relations between the parties and the threat of immediate litigation which may have far reaching consequences for individuals and their businesses.
At McIntyre O’Brien Solicitors, we can help with any contractual litigation matter. Below is a quick overview of some of the more common issues in landlord and tenant litigation.
Landlords and Forfeiture
Often times, landlords may experience significant difficulties in attempting to recover their property, particularly in circumstances where a tenant has failed to pay the rent.
In the event that a landlord is attempting to recover his property from a tenant who has overstayed the duration of the lease or in the event where they have failed to pay the rent or failed to keep the premises in good repair, then a landlord may be entitled to forfeit the lease. This may arise by virtue of the breach of condition of the lease or by a breach of covenant. The main distinction between the two is that even where there is no specific forfeiture provision set out lease, forfeiture of re- entry can still be affected for a breach of a condition. A breach of covenant however only arises where there is a specific forfeiture provision set out in the lease.
Often times a landlord considers they can retake their premises without following any procedure. This is very unwise even where it is obvious a tenant has breached an agreement.
A landlord’s entitlement to re-entry may exist but it is important advice is taken before the landlord attempts to seek re-entry. However, this can only be done after a very technical process involving the serving of a notice on the tenant. This procedure is extremely important, and in the event that there is a dispute down the line it will be extensively scrutinised by the courts. The correct form of notice, with the appropriate content is required, and the notice would need to be served correctly.
Tenants and Relief
Often, even the service of such a notice would necessiatate parties seeking legal advice in terms of how to deal with the matter properly and quickly. It may be the case that the tenant has certain reliefs and there are options that exist for tenants under law for them in order to countermand any claim a landlord may bring.
Where a landlord cannot gain peaceable re-entry of the premises, then in those circumstances they may have to seek to commence litigation, for example, the issuing of an ejectment civil bill on title in either the Circuit Court or the High Court. In some circumstances it might be necessary to seek an injunction in order to safeguard the commercial interests a landlord has.
At McIntyre O’Brien solicitors, we can advise landlords or tenants in respect of any landlord and tenant issue or in respect of any contractual obligations. We do this in a quick and commercially pragmatic way.
If you require advice or representation in respect of any of the above matters, please contact us at 074 – 9725105 or please feel free to email us at firstname.lastname@example.org.
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