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Legal definition and some explanation needed

  • 01-02-2007 1:14am
    #1
    Amz
    Registered Users, Registered Users 2 Posts: 14,330 ✭✭✭✭


    Hi folks

    Just a little background on the situation I need clarifying.

    Sports club has grounds leased from local authority and has sub-leased to four clubs on this land. These four clubs are required to subscribe to upkeep of the common area i.e. paths surrounding clubs, boundries, lighting of said paths, car parking etc. Can someone explain what constitutes "Common Area" under Irish Law and could capital expenditure be deemed to be payable by tennant or landlord?

    It has been suggested that this scenario is akin to apartment block where a management company operates.

    Is this so? and why?

    Thanks in adance!


Comments

  • #2
    Duffman
    Closed Accounts Posts: 1,248 ✭✭✭Duffman


    I'm not 100% on this but my understanding is that the definition given to "Common Area" in these circumstances is going to be a subjective one. You can't look for some objective notion here.

    The term needs to be interpreted in light of the facts. The actual wording of the lease, the context of the language, the wider context and the intentions of each party when they signed the lease will all be relevant factors.

    So to answer your first question, Irish law does not offer for a universal definition of words like these.


  • #3
    Amz
    Registered Users, Registered Users 2 Posts: 14,330 ✭✭✭✭Amz


    Cheers Duffman, that's great.


  • #4
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Amz wrote:
    It has been suggested that this scenario is akin to apartment block where a management company operates.
    Someone mentioned a fuzziness in relation to apartment block management companies -v- housing estate management companies (HEMC) and that HEMCs were problematic in Irish law. Your situation may be closer to a HEMC.
    Amz wrote:
    Can someone explain what constitutes "Common Area" under Irish Law
    I don't think there is a definition, but it would essentially be anything you (the club) have access to, but can't prevent others accessing together with ancilliary areas that serve everyone (in a building, this would include the likes of meter rooms, janitors store, etc.).
    and could capital expenditure be deemed to be payable by tennant or landlord?
    What does the agreement say? Presumably the lease specifies a service level - "Fenced soccer pitch with drainage and changing rooms for X players. Goal posts, markings and grass maintenance to Y standard by tenant". Goal posts are a capital item, markings are not, but either party could provide them.


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