Landlord and Tenant Law: The Commercial Sector 2nd ed

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Mema Byrne

ISBN13: 9780414110359
Previous Edition ISBN: 9780414031487
To be Published: 05/2024
Format: Hardback

The second edition of this work presents the law of landlord and tenant as applicable to the commercial sector in Ireland in a digestible and easy-to-reference format. This title is an invaluable reference work for those involved in negotiating, drafting or litigating the terms of commercial leases.

Key Features:

Practical and accessible text for all practitioners in this area, as well as the landlord and tenant themselves
Concise presentation of the law as it applies to the commercial sector
Comprehensive and well-organised overview of the core features of the commercial lease and the issues and problems that may arise in any landlord and tenant relationship, and
Full coverage of key case law, legislative changes and policy developments since the first edition of 2013


Part I: Entering a Lease
Chapter 1: Nature of the Relationship
Chapter 2: Categories of Tenancies
Chapter 3: Other Relationships
Chapter 4: Issues Arising Prior to Entering into a Lease
Chapter 5: Contract for a Lease and Formalities of a Lease
Chapter 6: Charges, Rates, VAT, Stamping and Registration

Part II: Common Clauses in a Lease
Chapter 7: Commencement, Parties, Recitals and Words of Demise
Chapter 8: Parcels, Rights, Exceptions and Reservations
Chapter 9: The Habendum and Reddendum

Part III: Common Covenants in a Lease
Chapter 10: Fixtures and Fittings
Chapter 11: Repairs and Maintenance
Chapter 12: Good Title and Quiet Enjoyment
Chapter 13: Insurance
Chapter 14: Service Charges
Chapter 15: Options and Pre-emption Rights

Part IV: Statutory Rights
Chapter 16: Covenants Restricting the Use of, Alienation of, and Improvements to the Premises
Chapter 17: The Right to a New Tenancy
Chapter 18: Compensation for Disturbance
Chapter 19: Compensation for Improvement
Chapter 20: The Right to Buy Out the Fee Simple and the Right to a Reversionary Lease

Part V: Rent and Assignment
Chapter 21: Rent Review
Chapter 22: Recovery of Rent
Chapter 23: Disposal of the Landlord's and Tenant's Interest
Chapter 24: Financial Distress and the Landlord and Tenant Relationship

Part VI: Determination of the Relationship
Chapter 25: Determination of the Relationship-Expiry, Notice and Break Clauses
Chapter 26: Determination of the Relationship-Surrender, Merger, Disclaimer and Enlargement
Chapter 27: Determination of the Relationship-Frustration and Repudiation
Chapter 28: Determination of the Relationship-Forfeiture
Chapter 29: Ejectment

Appendix 1: Form of Renunciation Recommended by the Law Society
Appendix 2: Example of a Notice to Quit
Appendix 3: Example of a Forfeiture Notice



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