Landlords right to access commercial property.

makeandcreate

I have been renting a commercial property for nearly 2 years. There has been a past history of unfulfilled promises from the landlord but nothing major or that I haven't got over.
Talking to the landlords "mrs" this week, I know she tried to get into the unit when I wasn't there or without informing me.
I know this as I added an extra Yale lock as the main shop door was a 2 lever Basta lock. So everytime I nipped out or went for lunch anyone with a Basta bedroom lock could have come into my shop.
She now wants a key for my door, after saying she wondered why she did not have a key for my door.
My rent is paid more than on time - she has a habit of "borrowing" off the rent - so I certainly don't feel like I owe them anything.
Am I obliged to give them a key?

Peregrinus

No. You are entitled to quiet possession of the premises, which means they can't swan in and out whenever they like. They can come in to, e.g., inspect the premises, but they need to agree this with you, and you both need to be reasonable and practical about making an agreement.

The landlord does not need their own key.

Obviously, when you leave the premises on the termination of the lease, you have to hand back the keys, including the keys for the lock that you installed.

Doop

The lease will be very clear about rights of access, check the relevant clauses.

Claw Hammer

You need to be careful. You could find yourself put out with very little notice if you annoy the landlord.

dudara

Commercial leases are very different to residential leases. Read the contract or even perhaps seek legal advice

makeandcreate

I don't actually have one - it's complicated - I rented it out for a year and the landlord said he would give me a reduction in rent for paying up front, I did and got a basic contract. However after 6 weeks, I was then hospitalised for 9 months with AML and after the year was up it's basically been a month to month deal.
I just don't like them having access to the place, I don't trust them as far as I can throw them and she obviously tried to get into the place or she'd never have known about the lock - there's also a steel roller shutter, so it was a deliberate act on her part to open the shutter and then try to open the shop.

az2wp0sye65487

My take on this is as follows:

As a tenant you should be entitled to 'quiet enjoyment' of the property. The landlord does not have the right to come and go whenever they want. The exception to this may be in an emergency such as a burst pipe, leak etc.

You don't have to give them keys to the property unless you vacate. It might be best to get an actual lease in place to formalise the tenancy - at least then you have a written signed copy of what has been agreed.

As you have not been in occupation for more than 5 years the tenancy is not protected under the landlord & tenant act. After 5 years occupation - even if your lease expires / or it has not been written (but you can prove that you occupied continuously for the previous 5 year + period & paid rent on time etc.) - you are legally entitled to a new lease.

I stand to be corrected on the above.

Graces7

What does the landlord.wife say they are planning to do? Maybe just making noise ?

Del2005

Salvador Microscopic Donkey wrote: »

My take on this is as follows:

As a tenant you should be entitled to 'quiet enjoyment' of the property. The landlord does not have the right to come and go whenever they want. The exception to this may be in an emergency such as a burst pipe, leak etc.

You don't have to give them keys to the property unless you vacate. It might be best to get an actual lease in place to formalise the tenancy - at least then you have a written signed copy of what has been agreed.

As you have not been in occupation for more than 5 years the tenancy is not protected under the landlord & tenant act. After 5 years occupation - even if your lease expires / or it has not been written (but you can prove that you occupied continuously for the previous 5 year + period & paid rent on time etc.) - you are legally entitled to a new lease.

I stand to be corrected on the above.

It's a commercial lease so that's irrelevant.

4ensic15

Del2005 wrote: »

It's a commercial lease so that's irrelevant.

How is it irrelevant?

az2wp0sye65487

Del2005 wrote: »

Salvador Microscopic Donkey wrote: »

My take on this is as follows:

As a tenant you should be entitled to 'quiet enjoyment' of the property. The landlord does not have the right to come and go whenever they want. The exception to this may be in an emergency such as a burst pipe, leak etc.

You don't have to give them keys to the property unless you vacate. It might be best to get an actual lease in place to formalise the tenancy - at least then you have a written signed copy of what has been agreed.

As you have not been in occupation for more than 5 years the tenancy is not protected under the landlord & tenant act. After 5 years occupation - even if your lease expires / or it has not been written (but you can prove that you occupied continuously for the previous 5 year + period & paid rent on time etc.) - you are legally entitled to a new lease.

I stand to be corrected on the above.

It's a commercial lease so that's irrelevant.

What's irrelevant?

GGTrek

Salvador Microscopic Donkey wrote: »

My take on this is as follows:

As a tenant you should be entitled to 'quiet enjoyment' of the property. The landlord does not have the right to come and go whenever they want. The exception to this may be in an emergency such as a burst pipe, leak etc.

You don't have to give them keys to the property unless you vacate. It might be best to get an actual lease in place to formalise the tenancy - at least then you have a written signed copy of what has been agreed.

As you have not been in occupation for more than 5 years the tenancy is not protected under the landlord & tenant act. After 5 years occupation - even if your lease expires / or it has not been written (but you can prove that you occupied continuously for the previous 5 year + period & paid rent on time etc.) - you are legally entitled to a new lease.

I stand to be corrected on the above.

This is good and correct advice. Even if the OP does not have a lease Section 41 of the "Landlord and Tenant Law Amendment Act, Ireland 1860" (still valid for commercial leases) guarantees that the landlord cannot just come in and out without any warning. On the other side, the OP is in a very delicate situation without any written lease providing a fixed term, a commercial lease (rightly) does not provide all the guarantees that a residential lease offers and my strong advice would be to be in good terms with the landlord, to discuss the matter with the landlord in amicable terms and avoid changing locks without previous warning to the landlord, I guarantee to the OP that changing locks without warning or permission is a major way of pi..ing off a landlord and if relationship breaks down the OP will be out very quickly with a monthly tenancy by receiving a notice to quit: a monthly tenancy requires a minimum of one month’s notice expiring the day when the rent is due. The law for commercial leases is not kind with overholding tenants (unlike for residential leases where it is ridicoulously lenient).
The underlined part should always be the first approach used by tenants and landlords alike before thinking about the law, but it appears to me that many people in Ireland have lost the concept of amicable discussion and negotiation and just think about: "what are my rights!". Well the OP rights in the situation he/she is (without lease) are limited and amicable agreement with the landlord will be of paramount importance.
I wish the OP the best of luck with his/her very difficult health situation, I know if I was in his/her complicated health situation I would close the business and enjoy life.

az2wp0sye65487

GGTrek wrote: »

Salvador Microscopic Donkey wrote: »

My take on this is as follows:

As a tenant you should be entitled to 'quiet enjoyment' of the property. The landlord does not have the right to come and go whenever they want. The exception to this may be in an emergency such as a burst pipe, leak etc.

You don't have to give them keys to the property unless you vacate. It might be best to get an actual lease in place to formalise the tenancy - at least then you have a written signed copy of what has been agreed.

As you have not been in occupation for more than 5 years the tenancy is not protected under the landlord & tenant act. After 5 years occupation - even if your lease expires / or it has not been written (but you can prove that you occupied continuously for the previous 5 year + period & paid rent on time etc.) - you are legally entitled to a new lease.

I stand to be corrected on the above.

This is good and correct advice. Even if the OP does not have a lease Section 41 of the "Landlord and Tenant Law Amendment Act, Ireland 1860" (still valid for commercial leases) guarantees that the landlord cannot just come in and out without any warning. On the other side, the OP is in a very delicate situation without any written lease providing a fixed term, a commercial lease (rightly) does not provide all the guarantees that a residential lease offers and my strong advice would be to be in good terms with the landlord, to discuss the matter with the landlord in amicable terms and avoid changing locks without previous warning to the landlord, I guarantee to the OP that changing locks without warning or permission is a major way of pi..ing off a landlord and if relationship breaks down the OP will be out very quickly with a monthly tenancy by receiving a notice to quit: a monthly tenancy requires a minimum of one month’s notice expiring the day when the rent is due. The law for commercial leases is not kind with overholding tenants (unlike for residential leases where it is ridicoulously lenient).
The underlined part should always be the first approach used by tenants and landlords alike before thinking about the law, but it appears to me that many people in Ireland have lost the concept of amicable discussion and negotiation and just think about: "what are my rights!". Well the OP rights in the situation he/she is (without lease) are limited and amicable agreement with the landlord will be of paramount importance.
I wish the OP the best of luck with his/her very difficult health situation, I know if I was in his/her complicated health situation I would close the business and enjoy life.

Amicable discussion and common sense should always be the first port of call.

Regarding any potential notice to quit that a landlord may decide to serve - as far as I know if he wants to enforce this he must refuse to accept any rent from the date of expiration of the notice period. Accepting rent payments after this date shows that the landlord intends to continue the tenancy.

However we're going off on a tangent here so I'll leave it at that.