The Commercial Tenancy Agreement is a fundamental legal document used in Ireland for establishing and managing commercial property leases. It serves as the primary contract between property owners (landlords) and business occupiers (tenants), setting out detailed terms for the commercial occupation of premises. This document is essential for any business seeking to lease commercial space in Ireland and must comply with Irish property law, particularly the Landlord and Tenant (Amendment) Act 1980 and related legislation. The agreement covers crucial aspects such as rent, duration, maintenance obligations, permitted use, and various other terms specific to commercial property relationships. It's distinct from residential leases and requires careful consideration of commercial factors, including VAT implications, business rates, and specific sectoral requirements.
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1. Parties: Identifies and defines the Landlord and Tenant with their full legal names and addresses
2. Background: Provides context about the property and the intention to create a lease
3. Definitions: Defines key terms used throughout the agreement
4. Demise: The formal grant of the lease, specifying the property being leased
5. Term and Commencement: Details of the lease duration and start date
6. Rent and Payment Terms: Specifies rent amount, payment frequency, and payment methods
7. Rent Review: Provisions for periodic rent reviews and the review mechanism
8. Service Charges: Details of additional charges for services and maintenance
9. Insurance: Insurance obligations of both parties
10. Repair and Maintenance: Responsibilities for property maintenance and repairs
11. Tenant Covenants: The tenant's obligations under the lease
12. Landlord Covenants: The landlord's obligations under the lease
13. Assignment and Subletting: Rules regarding transfer of the lease or subletting
14. Permitted Use: Specified allowed uses of the property
15. Alterations and Improvements: Rules regarding modifications to the property
16. Termination: Conditions and procedures for ending the lease
17. Forfeiture: Landlord's right to terminate for breach of conditions
18. Notices: How formal communications between parties should be made
19. Governing Law: Confirmation that Irish law governs the agreement
1. Break Clause: Optional provision allowing early termination under specified conditions
2. Guarantor Provisions: Required when there is a guarantor for the tenant's obligations
3. VAT Provisions: Detailed VAT terms when the property is VAT-registered
4. Environmental Provisions: Specific environmental obligations for properties with environmental concerns
5. Planning Provisions: Additional planning-related terms for properties with specific planning requirements
6. Service Level Agreement: Detailed service provisions for managed properties
7. Fit-out Works: Terms regarding initial tenant improvements and modifications
8. Car Parking: Specific provisions for car parking rights and obligations
9. Signage Rights: Terms regarding external signage and advertising rights
10. Security Deposit: Terms regarding deposit requirements and management
1. Schedule 1 - Property Description: Detailed description of the premises including plans and measurements
2. Schedule 2 - Rights Granted: Specific rights granted to the tenant (e.g., access, utilities)
3. Schedule 3 - Rights Reserved: Rights retained by the landlord
4. Schedule 4 - Service Charge Items: Detailed list of services provided and their cost allocation
5. Schedule 5 - Condition Schedule: Description of the property condition at lease commencement
6. Schedule 6 - Rent Review Provisions: Detailed mechanism for rent reviews
7. Schedule 7 - Permitted Alterations: List of alterations that can be made without consent
8. Appendix A - Plans: Property plans and drawings
9. Appendix B - Inventory: List of any landlord's fixtures and fittings
10. Appendix C - Building Rules: Rules and regulations for multi-tenant buildings
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