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Change of locks

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  • 16-12-2013 8:01am
    #1
    info13
    Registered Users Posts: 172 ✭✭


    Hi all a friend of mind is renting a commercial office space he has not been able to pay his rent for the last 2 months and has told the landlord he will pay in February of next year with the amount owed. He came into the office yesterday and door locks have been changed no notice given is this legal? Or even if notice had been given is it still legal?

    Thanks :)


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    #2
    Victor
    Registered Users Posts: 78,416 ✭✭✭✭Victor


    That sounds like an illegal eviction, but you need to speak to a solicitor, as it depends on whether your friend had a licence or lease and what the terms were.


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    #3
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    I think you can do this with commercial property I am sure I have heard of this happening to companies.


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    #4
    info13
    Registered Users Posts: 172 ✭✭info13


    No lease was signed at all had to be done after he moved in and the agent never came with it


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    #5
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    There are very few protections afforded to commercial tenants, especially when compared to residential tenants. It's all strongly underpinned by contract law rather than statute law, so if there's no contract, there's usually no protection.

    But he needs to talk to a solicitor about it.

    Obviously if any of his property is locked in the building, then he at least has the right to remove it and should contact the Gardai if the landlord will not let him.


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    #6
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Commercial tenants have very similar protections as residential tenants. The only major difference is that you have no PRTB delays before you get your non-paying commercial tenant into court. Can still take many months to get court date though. I know....we had a non-paying commercial tenant and went the legal route to evict him. I can see why the landlord in the OP's case took direct action....even if his friend sues (no PRTB to run to to sue on your behalf) and wins then the landlord will probably still be up financially if he can get the place rented out again to someone who can/will pay the rent due.


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    #7
    Mrs OBumble
    Registered Users Posts: 25,955 ✭✭✭✭Mrs OBumble


    "I'll pay it all in February" = "Yeah right, I'll put off 'til after Christmas and do a runner in the meantime" in most people's language.


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    #8
    Ray Palmer
    Registered Users Posts: 8,394 ✭✭✭Ray Palmer


    murphaph wrote: »
    Commercial tenants have very similar protections as residential tenants. The only major difference is that you have no PRTB delays before you get your non-paying commercial tenant into court. Can still take many months to get court date though. I know....we had a non-paying commercial tenant and went the legal route to evict him. I can see why the landlord in the OP's case took direct action....even if his friend sues (no PRTB to run to to sue on your behalf) and wins then the landlord will probably still be up financially if he can get the place rented out again to someone who can/will pay the rent due.
    Are you sure. I know somethings are radically different so I don't see them as comparable. A residential tenant can't whack a hole in the wall and rewire but a commercial tenant can. Considering a receiver can lock everybody out of buildings I would expect the LL has similar control. It isn't my area but what you said doesn't match what I do know.


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    #9
    Valentine1
    Registered Users Posts: 434 ✭✭Valentine1


    there are less protections in place for commercial tenants when compared to things like part 4 tenancies and the PRTB but commercial tenants aren't entirely unprotected. It is still necessary to serve warnings, notice to quit etc. and only in specific circumstances is it possible to legally retake possession of a premises.

    If they weren't done the eviction may have been unlawful. your friend should speak to their Solicitor at once.


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    #10
    murphaph
    Registered Users Posts: 19,022 ✭✭✭✭murphaph


    Ray Palmer wrote: »
    Are you sure. I know somethings are radically different so I don't see them as comparable. A residential tenant can't whack a hole in the wall and rewire but a commercial tenant can. Considering a receiver can lock everybody out of buildings I would expect the LL has similar control. It isn't my area but what you said doesn't match what I do know.
    You'll have to take it up with our solicitor & barrister Ray. We were advised as such and went to the Circuit Court to get an order for possession based on that. Once we had this the tenant legged it. He owed money so didn't want to be there when the Sheriff finally came.


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