IRELAND Law and Practice Contributed by: Diarmuid Mawe, Craig Kenny, Katelin Toomey and William Fogarty, Maples Group
6.19 Right to Terminate a Lease Generally, a commercial lease is terminated by the expiry of the term or the exercise of a break option, or by agreement between the landlord and the tenant. Usually, a commercial lease contains a re-entry clause, which entitles a landlord to forfeit the lease where the tenant breaches an obligation. Forfeiture is an equitable remedy and can be effected without a court order, if done peace - ably; however, forcible re-entry is a criminal offence. The landlord should seek an ejectment order from the court if the tenant remains in occupation and resists re-entry by the landlord. 6.20 Registration Requirements A commercial lease for a period in excess of one year is required to be in writing but does not need to be executed as a deed. However, it is advisable to have a lease executed as a deed. Leases can be registered in the Registry of Deeds, although this practice is no longer wide - spread. Leases with a term in excess of 21 years should be registered with the Land Registry. A new leasehold folio will be opened in respect of the lease, provided that the term of the residue of the lease at the time of registration exceeds 21 years. Leases for a term not exceeding 21 years do not need to be registered and can affect registered
to vacate the property. A court application can take from six to 12 months. 6.22 Termination by a Third Party A commercial lease may not typically be termi - nated by a third party; it can only be terminated by the parties to the lease. 6.23 Remedies/Damages for Breach If there is a guarantee in the lease, a landlord may look to the guarantor to remedy the tenant’s breach. Alternatively, if the tenant has paid a rent deposit, the landlord may be permitted to use all or part of the deposit to remedy the breach, depending on the terms of the agreement gov - erning the deposit. 7. Construction 7.1 Common Structures Used to Price Construction Projects The most common basis for the pricing of con - struction contracts is a fixed-price sum, where the price includes the risks associated with the construction of the works, except to the extent excluded under the contract. Other forms of pricing are also used, such as re-measurable contracts (where the client takes the risk for the quantities needed for the works) or guaranteed maximum price (GMP) contracts. GMP contracts can vary in how they are structured but they typi - cally involve an open-book system subject to a shared allocation with the contractor, where the final contract price is below the GMP. 7.2 Assigning Responsibility for the Design and Construction of a Project The client can assign responsibility for design and construction by:
land without registration. 6.21 Forced Eviction
A commercial lease may be terminated by forfei - ture. While this can be effected without a court order, in some circumstances a court order will be required – for example, if the tenant refuses
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