Two recent cases on the validity of upwards only rent review clauses in commercial leases have been causing considerable waves in the landlord and tenant market.
Upwards only rent review – update
Two recent cases on the validity of upwards only rent review clauses in commercial leases have been causing considerable waves in the landlord and tenant market.
The first of which is the Bewleys case : Ickendel Limited -v- Bewleys Café Grafton Street Limited. In this case the High court held that on the basis of specific wording that had been utilised in the lease, the rent payable after the rent review would reduce.
The High Court held that the lease put a bottom floor on the rent payable as being the initial rent set in 1987 . It was not clear that the rent thereafter would not reduce below the previous period.
It is clear that this case turned on the particular wording of this lease and therefore wider ramifications for the landlord and tenant market are in our view limited.
The second case of note in this area is the Medical Council case.
The medical council recently failed to have its rent reduced to market rent under a 20 year lease it holds with developer Johnny Ronan. The lease contained an upward only rent review clause however the Medical Council sought to instead have market rent applied to the rent review. The Court held that this could not be upheld and that the upward only rent review stood. Therefore rent could not fall below €820,000 even though it was contested by the Medical Council that the market rent was €374,100.
CG Solicitors emphasise a personalised, hands-on service. We promote clear, transparent communication and practical solutions. Our communication style and commitment to communication are attractive for clients who want high-touch legal advice.
Text LinkIf you were injured while flying to, from or via Ireland, our expert Personal injury solicitors explain how you may claim against the airline under the Montreal Convention and Irish law. Free consultation.
Text LinkHigh value property purchases in Ireland - Professional indemnity cover required by Lenders
Text LinkWe are delighted to confirm the government has published a Best Practice Charter for Solicitors and Estate Agents providing guidance to improve efficiency in the conveyancing process and ultimately aimed at reforming the property‑transaction landscape. This charter, though not legally binding, sets out clear expectations for collaboration between solicitors and estate agents, with the ultimate goal of reducing delays, lowering costs, and improving transparency for homebuyers and sellers.
Text LinkIf you’ve been injured in an accident and are considering making a personal injury claim in Ireland, contact Cosgrove Gaynard Solicitors today for a confidential, no-obligation consultation. Learn how to bring a personal injury claim in Ireland. Step-by-step guide from experienced solicitors. No win, no fee options. Contact us today.
Text LinkIf you're searching for a solicitor in Dublin you can trust, Cosgrove Gaynard Solicitors offers expert legal services with a reputation for delivering clear advice, strong representation, and client-focused results. Based in the heart of Dublin, our firm provides high-quality legal services across a wide range of areas for individuals and businesses alike.
Text Link39 Waterloo Road,
Dublin 4
DX 109060 Fitzwilliam
Phone: 01 234 0044
Fax: 01 234 0047