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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10354
Experience:  Barrister 17 years experience
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I have rented a restaurant years but have no lease in place

Customer Question

I have rented a restaurant for 12 years but have no lease in place
What are my rights if landlord wants me out?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. There are two things here. Firstly, just because you don't have a written lease, this does not mean that there is not a lease, as an agreement can be oral as well as in writing. Accordingly, by the agreement in relation to the lease and the evidence of the payment of money and any correspondence between the parties, there is a lease in place. Secondly, once you have a business lease in place for five years, then you are entitled to an automatic renewal of that business lease should you so wish. As the lease exceeded five years, without a break, you now can have an automatic renewal of the lease. In default of agreement as to the amount of the lease, it goes to arbitration.

2. So the situation is that you have a renewable business lease in place and you cannot be ejected unless you break the terms of the lease, such as by not making payment of the rental amount. So the landlord cannot throw you out, unless you break the terms of the lease. You have what is known as security of tenure.