The Basement Lease Agreement is a specialized legal document used in Ireland when leasing below-ground premises for commercial or residential purposes. This document becomes necessary when property owners wish to let out basement spaces while ensuring compliance with Irish building regulations and safety standards. It addresses unique challenges associated with basement properties, including ventilation, dampness prevention, and emergency access. The agreement is particularly relevant in urban areas where basement spaces are commonly utilized for business operations or storage. The document incorporates requirements from various Irish legislative frameworks, including the Landlord and Tenant Act, Building Control Act, and Safety, Health and Welfare at Work Act. It should be used whenever a basement space is being leased, whether as part of a larger building or as a standalone unit, and requires careful consideration of specific terms related to below-ground premises.
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1. Parties: Identifies and provides full details of the landlord and tenant
2. Background: Sets out the context of the agreement, including property ownership and intention to lease
3. Definitions: Defines key terms used throughout the agreement
4. Demise: Specifies the exact premises being leased, including boundaries and any shared access areas
5. Term and Commencement: Specifies the duration of the lease and start date
6. Rent and Payment Terms: Details the rent amount, payment schedule, and payment methods
7. Utility Charges and Services: Outlines responsibility for utilities, including specific provisions for basement meter arrangements
8. Use of Premises: Specifies permitted use of the basement space and any restrictions
9. Maintenance and Repair: Details responsibilities for maintenance, particularly regarding dampness, ventilation, and basement-specific issues
10. Landlord's Covenants: Lists the landlord's obligations, including maintaining structure and ensuring adequate ventilation
11. Tenant's Covenants: Lists the tenant's obligations, including proper use and reporting of issues
12. Insurance: Specifies insurance requirements for both parties
13. Health and Safety: Outlines specific safety requirements for basement occupation
14. Access and Inspection: Details landlord's rights of access for inspection and maintenance
15. Termination: Specifies conditions for ending the lease and notice requirements
16. Governing Law: Confirms Irish law governs the agreement
1. Rent Review: Include when periodic rent adjustments are desired during longer lease terms
2. Alterations and Improvements: Include when tenant may need to make modifications to the space
3. Assignment and Subletting: Include when transfer of lease rights might be permitted
4. Break Clause: Include when early termination options are desired
5. Service Charge: Include when basement is part of larger building with shared services
6. Guarantor Provisions: Include when a guarantor is required for the tenant's obligations
7. Parking Rights: Include when parking spaces are part of the lease
8. Signage Rights: Include when tenant requires external signage rights
9. Environmental Matters: Include when specific environmental concerns need addressing
10. Pest Control: Include when specific provisions for basement pest control are needed
1. Schedule 1: Property Plan: Detailed plan showing the leased basement area, access routes, and boundaries
2. Schedule 2: Inventory: List of any fixtures, fittings, and equipment included in the lease
3. Schedule 3: Condition Report: Detailed report on the condition of the premises at lease commencement
4. Schedule 4: Safety Certificate: Certificates confirming compliance with fire safety and other regulations
5. Schedule 5: Service Specifications: Details of services provided, including ventilation and humidity control
6. Schedule 6: Utilities and Meters: Details of utility arrangements and meter locations
7. Appendix A: Photographic Schedule: Photographs documenting the condition of the premises
8. Appendix B: Building Regulations Compliance: Documentation confirming compliance with relevant building regulations
9. Appendix C: Insurance Requirements: Detailed insurance specifications and requirements
10. Appendix D: Emergency Procedures: Emergency protocols specific to basement occupation
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Retail
Hospitality
Storage and Warehousing
Entertainment
Food and Beverage
Professional Services
Arts and Culture
Small Business
Property Management
Relevant Teams
Legal
Property Management
Facilities Management
Operations
Risk and Compliance
Real Estate
Administrative
Health and Safety
Asset Management
Commercial
Relevant Roles
Property Manager
Facilities Manager
Legal Counsel
Real Estate Agent
Commercial Director
Operations Manager
Risk Manager
Compliance Officer
Business Owner
Asset Manager
Leasing Manager
Property Administrator
Health and Safety Officer
Building Manager
Store Manager
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