Landlord & Tenant Law

Whether you are intending to let a private house or a commercial unit, Marcus Lynch can provide you with a full range of legal services.

As an aid to our clients, we have included on this part of our website a template Letting Agreement (PDF) for a private house or apartment. It is a general template and must therefore be amended to take account of the individual circumstances.

Not all of the conditions involved may be applicable in your particular case and in addition there may be further conditions which you might need to insert. This document is intended to be an aid to prospective Landlords and Tenants but, given the importance of the assets which you are letting and the amount of rent you hope to recover or pay, we suggest strongly that you contact us for professional advice prior to completing the form.

Tax Implications
We would ask you to note that there are tax implications in renting a property both from an Income Tax and a Capital Gains Tax perspective. Advice should be taken on these aspects before committing to the Lease.

It is important to note that certain tenants may obtain rights of occupation after 20 years have elapsed.

In each residential letting it is important that you take a full inventory of the fixtures and fittings, particularly where the property will be a furnished letting. This will minimize any conflict at the end of the Lease as to who owns what. It also takes the pain out of any potential insurance claim.

It is important also to note that all residential landlords must now register with the Residential Properties Tenancy Board. At the bottom of this part of the site is a link to the Board. The Board's site contains extremely useful advice on the responsibilities of Landords and Tenants in relation to private residential lettings.

Further information can be found on the Private Residential Tenancies Board (PTRB) website.

Commercial Property Leases
Commercial property Leases are an extremely complex area of law. A Landlord must consider whether he wishes to make a long or a short term Lease. This decision may involve granting the Tenant certain rights. In addition, longer term Commercial Leases are subject to extremely important VAT considerations. Advice must be taken on this prior to making the letting.

At Marcus Lynch we have substantial experience in Commercial Leases acting for both Landlords and Tenants whether it be in shopping centres, shop units, or industrial units. If you are contemplating leasing a property either as Landlord or Tenant, or purchasing a property which you intend to rent on a commercial basis please contact us at an early stage.