Republic of Ireland Law

Republic of Ireland law questions answered by Experts

Ask an Expert,
Get an Answer ASAP!

Have a business property that I rent but was in arrears on…

Customer Question
Have a business property that...
Have a business property that I rent but was in arrears on the rent and the landlord changed the locks on the property over the christmas period without warning/notification. what are my rights
Submitted: 5 years ago.Category: Republic of Ireland Law
Show More
Show Less
Ask Your Own Republic of Ireland Law Question
Answered in 1 hour by:
1/8/2013
Solicitor: Buachaill, Lawyer replied 5 years ago
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,205
Experience: Barrister 17 years experience
Verified
Buachaill :

1. What your rights are here depends on the terms of the lease. In order that the landlord can re-enter and change the locks, there must be a clause in the lease allowing him to re-enter should the rent be unpaid for a period. Otherwise, if there isn't the landlord must give you notice to determine the lease. Accordingly, if there was a re-entry clause, then you have been legally put out of occupation and whilst you will be allowed to retrieve your property, you have no right to a continuance of the lease. However, if there is no right of re-entry clause, then the landlord has unlawfully re-taken possession. In these circumstances, you can go to court to re-obtain possession of the premises, which will be granted to you upon payment of the arrears of rent. Accordingly, you should read the lease closely and get a solicitor to help you issue legal proceedings if there has been unlawful re-entry.

Buachaill :

Please RATE the Answer positively so that I may get paid

JACUSTOMER-um8xvev6- :

The lease and all my paperwork and products are still in the premises. I do not believe that there is a re-entry clause but I am not certain of this.

JACUSTOMER-um8xvev6- :

What do I need to do to get my property back and what if any legal references do I quote to ensure I get my property

Buachaill :

2. Go and see a solicitor and get him to issue legal proceedings on your behalf. However, you need to get a copy of the lease somewhere as otherwise you are like a boxer with a blindfold on. The lease will set the terms of the dispute. If you do not have a copy, then you will have to request a copy from the landlord. Either way, get the solicitor to issue legal proceedings as once you have legal proceedings in being it prevents the landlord letting the premises again. In those circumstances, you may be able to negotiate a compromise whereby you pay back rent and continue in occupation.

Buachaill :

Please RATE the Answer positively so that I may get paid

JACUSTOMER-um8xvev6- :

Thank you for the responses. Unfortunately my financial situation does not allow me the expense of a solicitor. This is why I contacted your website. I am only interested in getting my goods and equipment out of the premises. What can I do or say to the landlord or his agent. Is there any legal agruements that I can make reference to my entitlements so I can recover my goods.

Buachaill :

3. IN law one person is not entitled to hold another person's goods, as ultimately this is theft. Additionally, the landlord here has no right to seize your goods and hold or sell them to pay off any arrears of rent. Accordingly, you simply need to inform the landlord that if he does not allow you onto the premises to retrieve your goods and equipment, then you will call the Gardai. The landlord has no lawful authority to keep your goods and equipment.

Buachaill :

Please RATE the Answer positively so that I may get paid

Ask Your Own Republic of Ireland Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Buachaill Your Own Question
Buachaill
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 11,205
11,205 Satisfied Customers
Experience: Barrister 17 years experience

Buachaill is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know.

RobinElkton, Maryland

He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here.

DianeDallas, TX

< Previous | Next >

Meet the Experts:

Buachaill

Buachaill

Lawyer

11,205 satisfied customers

Barrister 17 years experience

Dublin Barrister

Dublin Barrister

Barrister

158 satisfied customers

BCL (UCD), LL.M (UCD), Barrister-at-Law (Kings Inns)

cmcsolicitor

cmcsolicitor

Solicitor

157 satisfied customers

and Mediator practicing in Cork, Ireland.

INC

INC

Solicitor-Advocate

96 satisfied customers

LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Thomas

Thomas

Solicitor

45 satisfied customers

UK based Immigration Solicitor

Clare

Clare

Solicitor

37 satisfied customers

Attorney

Top_advisor

Top_advisor

Attorney

32 satisfied customers

Solicitor and Attorney

< Previous | Next >

Related Republic of Ireland Law Questions
I am a commercial tenant but my landlord died a while ago and
I am a commercial tenant but my landlord died a while ago and a man claiming to be her heir was demanding rent to be paid into his account! I did as he asked for sometime but he refused to provide me … read more
Buachaill
Buachaill
Lawyer
Master's Degree
11,205 satisfied customers
I have rented an office without a written contract
I have rented an office without a written contract for over eight years and have always paid rent on time. My landlord wishes to use the room for other purposes and is intent on giving me one month's … read more
John Quirke, Esq
John Quirke, Esq
Barrister at law
19 satisfied customers
I purchased my home in 1992. I recently received a demand
I purchased my home in 1992. I recently received a demand addressed to "The Owner" from a company claiming to be the landlords and demanding €266.70 for ground rent arrears dating right back to 1992. … read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
Hi, just a quick question. My commercial property landlord
Hi, just a quick question. My commercial property landlord has given me until the end of December to clear my back rent of €14900, otherwise he will want me out by end of January 2015. I have a paymen… read more
Expert
Expert
Hi, Out of the blue we have received a letter outlining the
Hi, Out of the blue we have received a letter outlining the appointment of KPMG as Receiver on our Property in ireland? Why has this happened without our knowledge, what does it mean in practice and i… read more
Buachaill
Buachaill
Lawyer
Master's Degree
11,205 satisfied customers
Hi, I am owed over 4 months rent on a commercial warehouse.
Hi, I am owed over 4 months rent on a commercial warehouse. Can I change the locks and hold any of the clients stock until payment of rent due ?… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
i am a landlord. i had a letting agent managing my property
i am a landlord. i had a letting agent managing my property for the past 12 months . they informed me that my tenant had fled my property and had the locks changed and the house cleaned without my con… read more
Buachaill
Buachaill
Lawyer
Master's Degree
11,205 satisfied customers
Our tenant has not paid rent now four months. They signed
Our tenant has not paid rent now four months. They signed a commercial lease and are located within in a seperate part of our building. The lease agreement contains a clause that allows the Landlord t… read more
Buachaill
Buachaill
Lawyer
Master's Degree
11,205 satisfied customers
Hi,My landlord told me in June that December and January
Hi, My landlord told me in June 2011 that December and January rents did not go through and were never received on the bank account. We have been looking for the money and Bank of ireland is now unabl… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
Notice of Forfeiture served onto a tenant of commercial lease.
Notice of Forfeiture served onto a tenant of commercial lease. What is deemed acceptable to take control of the unit?IE can locks be changed and staff told to leave the premises?… read more
Buachaill
Buachaill
Lawyer
Master's Degree
11,205 satisfied customers
Further to my query re adverse possession. I hold a lease
Further to my query re adverse possession. I hold a lease on commercial property since 1989. (22Years) The landlords have been trying to increase my rent for a number of years. The lease provides for … read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
I have been renting my house since Oct 2010 and have very good
I have been renting my house since Oct 2010 and have very good tenants. However, I have recently discovered that they have changed the lock on the front door so I have no access. I understand that I a… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
I am a landlord of a commercial premises ( restaurant ). The
I am a landlord of a commercial premises ( restaurant ). The tenant is behind with rent. There is a short term letting agreement in place which states ,' that in the event of the rent hereby reserved … read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
With a 25 year commercial lease how long does the tenant have
With a 25 year commercial lease how long does the tenant have to be in arrears before the landlord can take back the unit?… read more
Buachaill
Buachaill
Lawyer
Master's Degree
11,205 satisfied customers
i had a month to month commercial lease which expired in Dec
i had a month to month commercial lease which expired in Dec 2010. The landlord kept renting this premises to me on a month to month basis. i have paid up to end of may 2001. The landlord locked my pr… read more
Buachaill
Buachaill
Lawyer
Master's Degree
11,205 satisfied customers
tennant in warehouse did not pay rent for the last five months
tennant in warehouse did not pay rent for the last five months his buisness has gone bust we gave him one month to clean out ware house but he did not so we changed locks and we cleen it out.we have a… read more
Buachaill
Buachaill
Lawyer
Master's Degree
11,205 satisfied customers
Hello i have a shop unit rented out for the last 3 month,the
Hello i have a shop unit rented out for the last 3 month,the person that took the units hasn't paid rent in all that time. The equipment in the unit is rented off a company that he hasn't paid in the … read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers
do landlords have the legal right to change the locks of commercial
do landlords have the legal right to change the locks of commercial premisis if the tennant wont handover the keys and owes backrent?… read more
Ronan
Ronan
Managing Solicitor
Bachelor\u0027s Degree
2,263 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x