Commercial lease - Tenant & Landlord pickle!

fliptzer

Any expects in land law? LOL

A hypothetical situation but one that we’re discussing down the pub and can’t figure it out.

It’s in relation to an existing commercial lease which is conveyed to a new tenant (from the previous one) with landlords consent. New tenant develops the premises, mainly new fixtures and fittings with a bit of structure work (say new floor – but nothing else) with the landlords consent. The problem arises when the new tenant has to apply for a fire cert for the premises (as there was none and it wasn’t needed due to no structural work done on the premises after the enactment of the building control act, fire acts etc.)

The new tenant can’t get a fire cert due to a pre-existing structural problem (eg roof - that was nothing to do with the tenant) with the property and can’t legally use a part of it for anything as there’s no fire cert. Catch 22.

But the landlord is responsible for the structural repairs etc. but was never enforced by the previous tenant.

But tenant is now claiming breach of landlord’s repair covenant due to structural problem (eg roof – nothing to do with work the tenant did)

But the landlord claims lots of case law of caveat emptor over the pre-existing structural problem, i.e. tough luck, you signed the lease!

But some case law (inc. Whelan v. Madigan [1978] ILRM 136) indicates that a tenant is not liable for pre-existing structural problems.

Regardless of which opinion the tenant is stuck with a lease, premises etc that is worthless, can’t be sold on nor used for anything as either way it needs a fire cert and can’t get one due to inherent structural defects.

Can the tenant claim a fundamental breech? Does equity apply anywhere on this one? It surely can’t be the case that there is no recourse against the landlord. Note: We’re assuming no professional negligence on behalf of any legal professional involved.

I’m leaning towards yes on both of the above but can’t back it up.

Any ideas please?

dermot_sheehan

Covenant to repair runs with the land and in any case is enforceable under deasy's act.

Caveat emptor does not apply, tennant can sue to enforce

fliptzer

Thanks for that.

One question that popped up is can the tenant (or any tenant for that matter) claim fundamental breach of contract (i.e. a lease for a certain size or property which is now a lot smaller due to landlord’s omission as replacement/repair would be too much of a task e.g. a certain portion needs to be rebuilt due to pre-existing structural defect)? Can this be classed as a fundamental breech and therefore make the contract voidable with appropriate remedies?

Does anyone know of any case law about stuff like this?

Victor

Might this not depend on whether the lease is FRI or IRI (fully repairing and insuring or internally repairing and insuring).

Sometimes tenants can be stuck for pre-existing problems if they weren't noted when the lease was taken up.

Wshoku

Well guys,
if any of you can help with problem that just arised.
This year I signed 3y commercial lease for premises with clause what I can do and what kind of business I can run from there. Just to be sure I went to Planning Department in CoCo and received OK to run one of the options on my lease. Guess what! Shortly before Christmas my Landlord showed me a warning letter from CoCo that unauthorised development "may have been, is being or may be carried out" at my premises.
I know! I run this business and I have it on my lease and got OK from CoCo. What the heck are they up to!?
Went back to Planning CoCo and ask them what is going so reply was short.
NO PERMISION!
Thing is, the very same business was ran on this address for last 3ys before me so why they just woke up now and realised that this is unauthorised developement and why for G sake people in Planning 1st said yes - continue to do so as the previous people!?

Questions are...

can I sue my Landlord and ask for breach of contract as there is stated that i can run this type of business?

can I sue him for refund of any improvements I have made to premises (there was a lot)

I had 3ys business plan and lease can I sue him for money I could earn?

OR WHAT CAN I DO!?

Would be gratefull for any relevant info
Thank You