Pending legislation is set to provide amnesty to suffering tenants against more restrictive leasehold clauses and rent agreements. We understand the new Bill which will enable leaseholders to contest contract terms and challenge upwards only rent review clauses, is due before cabinet in the next 4 weeks. Where it is shown that a tenant's present rent "is a cause of distress to their business" a rent cut may be sought and landlords will be legally obliged to engage with tenants for this purpose. If negotiations between parties prove unsuccessful, mediation will result, with application to the Circuit Court as the tenant's final remedy. Option to terminate the lease outright will be available to both landlord and tenant. The latter can apply if it is proven that the present lease agreement impedes the overall viability of the business. The Bill is expected to be presented to the Dáil in four weeks time. However, it is likely to include a "sunset clause" requiring it to be reviewed after five years.  Watch this space for a planned seminar to update you once the Minister reveals his plans.

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This publication is for guidance purposes only. It does not constitute legal or professional advice. No liability is accepted by Leman Solicitors for any action taken or not taken in reliance on the information set out in this publication. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. Any and all information is subject to change.