Landlord and Tenant Law
Residential and Commercial Property Leases
We have particular experience in drafting commercial leases as well as residential leases and addressing the rights and responsibilities of both landlords and tenants, particularly in the event of disputes arising. Our expertise includes but is not limited to the following areas:
- Acting for Landlord or Tenant
- Drafting Leases and advising on all aspects of the Lease
- Negotiating the terms of the Lease
- Dealing with and advising on a Notice to Quit
- Ejectment Proceedings
- Dealing with the Private Residential Tenancies Board (PRTB)
Farming and Leasing
Before you think about leasing land or entering into a lease, it is critical that a lease is drawn up in writing. To avail of the tax reliefs and exemptions, it is essential that the lease document is in writing. It is also beneficial in terms of finances, goodwill and the well-being of the land, to seek advice prior to entering into an agreement.
You may be fearful of being locked into high or low land rents. This can be remedied by tailoring a lease agreement to include regular rent reviews, or by linking the rental charge to, for example, the annual price of milk or barley.
If you are leasing the basic payment entitlements, this needs to be included in the lease, and a private contract clause also needs to be signed, to ensure that the basic payment entitlements revert to the landlord, once the lease comes to an end. It is critical that you consult with your Teagasc advisor, before putting any pen to paper.
If considering leasing land, you need to consider other tax implications, such as the effect on potential capital gains tax in the event of a future disposal; this should be discussed with your solicitor and accountant before entering into a Lease.
Having a detailed lease agreement in place is worth it in the long run, both from a financial and practical point of view. Before you enter into a lease, contact us and we will ensure your interests are looked after.