Property / Landlord and Tenant Disputes

The Practice

We work closely with our Commercial Property team in advising on all forms of property and landlord/tenant disputes and litigation.

Our clients include some of the leading international private equity funds, Irish and international financial institutions, pension and investment funds, insolvency practitioners, property developers and state authorities. We also advise companies with major property investments such as shopping centres, leisure and sports venues, hotels (owners and operators) and licensed premises.

We look to resolve property disputes as quickly and cost-effectively as possible, often without the need for litigation to be pursued. Our property dispute expertise includes contractual disputes arising in development projects, specific performance claims, boundary disputes, ground rent applications, unauthorised occupations, and rights of way.

On the landlord and tenant side, we often deal with disputes around break options, rent reviews, termination, over-holding and refusal to vacate, dilapidations and repairs, rent and service charge arrears, entitlements to statutory tenancies, breach of condition/covenant, change of user/assignment and forfeiture.

Relevant Partners:

Experience

  1. Property Transactions
  • Acting for Fáilte Ireland in Commercial Court proceedings which successfully secured a multi-million euro property asset (Killarney Golf Club).
  • Acting for the Clancourt Group in multiple proceedings before the Commercial Court as part of a dispute related to the acquisition of a large site for development in the south city centre of Dublin.
  • Acting for the Clancourt Group in a boundary dispute at lands adjacent to one its commercial retail premises.
  • Acting for an Irish semi-state body on the litigation aspects of the acquisition of a strategic piece of land in Dublin.
  • Acting for an Irish Development Company in relation to “right of way” issues arising in relation to a very significant new retail, commercial and residential development in Dublin.
  • Acting for a United States-based private equity fund in relation to a number of property disputes arising from investments made in the Irish market.
  • Representing certain defendants in Commercial Court proceedings relating to a property dispute involving alleged conspiracy in relation to dealings in the shares of a management company.
  • Acting for Marlet in relation to a “right of way” issue in relation to a commercial development.
  • Representing the Dublin Docklands Development Authority in the successful defence of Commercial Court proceedings issued against it by Donatex Limited and Bernard McNamara.
  1. Landlord and Tenant
  • Acting for Kennedy Wilson on landlord and tenant disputes in various commercial premises.
  • Acting for Irish Life on landlord and tenant disputes in numerous commercial premises.
  • Acting for the Caulfield McCarthy Group in relation to both landlord and tenant issues in various shopping centres.
  • Acting for Canada Life in enforcing covenants in leases with various commercial tenants including successfully obtaining and enforcing court judgments.
  • Acting for IPUT in enforcing covenants in leases with various commercial tenants including successfully obtaining and enforcing court judgments.
  • Acting for Hibernia Reit in a dispute in relation to a commercial rent review at a premises in Dublin.
  • Acting for the Musgrave Group in Commercial Court proceedings arising from a dispute with its landlord at the Blackrock Shopping Centre, Blackrock, Co. Dublin.
  • Advising a top-four worldwide accounting and auditing firm in relation to various property disputes arising in its office locations in Ireland.
  • Advising Green Reit DAC in relation to landlord and tenant disputes in various commercial premises and shopping centres.
  • Acting for Probiotec Limited in relation to a dispute with the landlord of a commercial premises to include advising on injunctive proceedings.
  1. Trespass/Termination
  • Acting for the Musgrave Group in the successful defence of a Commercial Court injunction application by a shopping centre landlord seeking to enforce a “keep open” covenant in a lease. This was the first such successful defence in the Irish courts.
  • Advising the National Oil Reserves Agency, an Irish statutory body, in relation to the successful resolution of an illegal trespass on a key strategic oil site in Dublin and an underlying contractual dispute.
  • Acting for Clancourt Group in High Court proceedings seeking the removal of a commercial entity for overholding with respect to a commercial lease.
  • Acting for Level 3 Communications in a High Court dispute in relation to the exercise of a break option in respect of a commercial premises in Dublin.
  • Acting for the Lagan Group in a dispute with respect to the exercise of a break option before the Commercial Court.
  1. Statutory Tenancy Claims
  • Acting for Hibernia REIT in the successful resolution of its dispute with the OPW regarding the Garda headquarters building at Harcourt Square.
  • Acting for Hibernia Reit in High Court proceedings to prevent the unauthorised occupation and disruption of a development site in the south docks in Dublin.
  • Acting for ExxonMobil in successful Commercial Court proceedings taken by it against an operator in various of its wholesale premises.
  • Acting for the Clancourt Group in a dispute with a retailer with respect to the renewal of a commercial lease. This dispute involved separate proceedings in both the Circuit Court and the Commercial Court with the Clancourt group ultimately successful before the Supreme Court.
  • Advising a United States-based developer of global data centres in relation to a complex statutory tenancy dispute which arose in the context of a multi-million euro acquisition of land for development of a data centre.
  1. Dilapidations
  • Advising a financial institution in High Court proceedings relating to alleged structural damage caused by works carried out to a commercial property.
  • Representing Grafton Group plc in ongoing proceedings against engineers and architects relating to defective works carried out at Blackwater Shopping Centre.
  • Acting for Davy Target Investments plc in successful Commercial Court proceedings taken by it against a former lessee of a commercial premises in respect of a multi-million euro dilapidations claim.
  • Advising Siemens Limited in resolving a dilapidations claim in respect of a property previously leased by it at Alfred Street, Cork.
  • Acting for Lloyds Banking Group in its successful disposal of proceedings relating to a substantial dilapidations claim.
  1. Enforcement
  • Acting for Bank of Ireland in successful high profile litigation against Mr. Brian O’Donnell, Vico Ltd and related entities. Managing multiple proceedings across Ireland, the UK, France and the British Virgin Islands, including high profile enforcement of security and sale of property at Gorse Hill and obtaining of Inventory Orders.
  • Acting for IBRC in high profile proceedings with Brendan and Asta O’Kelly, concerning issues of trespass on land and a successful application to lift a lis pendens.
  • Acting for Launceston Property Finance DAC and Receiver Ken Tyrell in interlocutory proceedings relating to Hillstreet Quarries and quarry in Sligo.
  • Representing a fund and a Receiver in the defence of Commercial Court proceedings brought by a borrower seeking an injunction to restrain enforcement action by the fund and the Receiver.
  • Advising a Receiver in relation to the enforcement of a put and call option agreement and the recovery of rental arrears.
  • Representing Bank of Scotland plc in the defence of litigation in connection with its appointment of a receiver over certain properties.
  • Representing financial institutions to include Lloyds and NAMA in complex Commercial Court enforcement proceedings.
  1. Ground Rents
  • Representing numerous property clients in relation to ground rent applications to acquire the freehold of valuable parcels of land, including Kennedy Wilson and the Louis Fitzgerald Group.
  • Acting for Marlet Property Group in high profile freehold application and High Court declaratory proceedings regarding a very significant commercial development at Lime Street, Sir Rogerson’s Quay.
  1. Licensing
  • Advising on the application of the Intoxicating Liquor Licensing Acts in the operation of new and existing premises to include the offences thereunder, penalties, restrictions on supply and trading together with advising on the application of the Code of Practice on the Display of Alcohol Products in Mixed Trading Premises and the implications of the proposed Public Health (Alcohol) Bill 2015.
  • Advising clients in the alcohol sector on fire safety, planning and insurance requirements in the establishment and operation of licensed premises.
  • Advising on the transfer of Publican On-Licences and Hotel Licences including in in respect of the purchase of The Morrison Hotel, Ashford Castle (Red Carnation Hotels), The Doubletree (formerly the Burlington), Powerscourt Hotel and Mount Juliet (Tetrarch) and Aghadoe Heights (Davy), Stauntons on the Green (Richard Driehaus), the POD (Clancourt Holdings) and Houricans (Davy Hickey).
  • Advising Receivers appointed to Citywest Hotel, Finnstown Country House Hotel and Johnstown House Hotel in respect of the transfer of the Hotel Licences to the Receivers and Annual Licensing applications.
  • Advising the Musgrave Group on the acquisition of 24 Superquinn premises to include acting in respect of the Ad Interim applications to transfer the Spirit Beer and Wine Retailer’s Off Licence attaching to the premises, Confirmation of Transfer Applications at the Annual Licensing Courts and applications to amend the Licensing Register when Superquinn commenced trading as Supervalu.
  • Advising in respect of applications at the Annual Licensing Court to renewal of Public Dance Licences, Music and Singing Licences, Restaurant Certificates and Club Certificates with clients inlcluding the Conrad Hotel, the Morrison, the IABA, the Marker Hotel, Portmarnock Golf Club, Kildare Street and University Club, DCU and No. 6 Kiladare Street.
  • Advising Hibernia REIT in respect of a liquor licensing application for its new development at 1 Windmill Lane.
  • Acting for Alltech Beverage Division Ireland Limited in respect of an application for a new On-Licence for the Pearse Lyons Distillery at St James Street Dublin 8.
  • Acting for Center Parcs in respect of an application for a new Holiday Camp Licence for the development at Longford Forest.
  1. Rates Appeals
  • Acting for Westlink Toll Bridge Ltd in a high-profile successful rates appeal through Valuation Tribunal, High Court and Supreme Court. Further acting in summary proceedings for recovery of interest on the rates paid.
  • Acting for Eurolink in respect of a rates appeal.
  • Acting for the Minister for Communications in a successful rates appeal before the Valuation Tribunal and in relation to MANS (Metropolitan Area Network) for broadband.