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Upward only rent reviews banned from Feb 2010 PDF Print E-mail
Monday, 08 February 2010 18:19

From the 28th February 2010 upward only rent reviews in commercial leases will become a thing of the past. Statutory Instrument 471 of 2009 gives effect to section 132 of the Land and Conveyancing Law Reform Act 2009. This however does not apply retrospectively and will only concern leases signed after the end of February. Existing commercial leases are unaffected by the new legislation.

The Land and Conveyancing Law Reform Act 2009 has introduced a number of welcome changes to the Irish Law of Property. Many of the methods of holding propety more applicable to Feudal times rather than modern Ireland have been abolished while the following have been introduced, including:

  • New rules regarding the maintenance of party walls, fences, shrubs and trees. A neighbour can now apply to the District Court for a "works order" to allow for access to an adjoining property. A contribution towards the cost may also be claimed from the neighbouring landowner.
  • Protections for homeowners have been introduced whereby a notice period of 28 days must be given before a  financial institution can exercise its power of sale under the mortgage. This provision also requires that a Court Order must be obtained in the absence of the written consent of the borrower. The Court has the power to adjourn the proceedings or attach conditions if it feels it is likley that the borrower will be able to pay the arrears within a reasonable period. All matters regarding the posession and sale of residential properties by financial institutions will now be heard in the Circuit Court.
  • The registration of Judgment Mortgages has been streamlined and is likely to emerge as a cheaper and more effective method to enforce debts.