Judgment: 2024-07-19 · Court archive

Court dismisses accountancy firm’s bid for new North Strand tenancy

The Circuit Court found the firm had not shown five years of continuous bona fide business use before its landlord served notice to quit.

Dublin Circuit Civil Court, County of the City of Dublin; Circuit Court · [2024] IECC 11

Who, what, where, when and why

Who
  • Jennifer O’Brien
What

The Circuit Court found the firm had not shown five years of continuous bona fide business use before its landlord served notice to quit.

Where

Places mentioned in the report

  • 81 and 82 North Strand, Dublin 3
  • Dublin City Council
  • North Strand
  • Dublin 3
  • Dublin
When

Judgment:

Why

Reasons reported in the judgment

The Circuit Court has dismissed Nexus Corporate Solutions Limited’s application for a new tenancy at 81 and 82 North Strand, Dublin 3, finding that the company did not establish the required business use of the premises in the five years before a notice to quit was served.

The Circuit Court has dismissed Nexus Corporate Solutions Limited’s application for a new tenancy at 81 and 82 North Strand, Dublin 3, finding that the company did not establish the required business use of the premises in the five years before a notice to quit was served.

In a judgment delivered on 19 July 2024, Judge Jennifer O’Brien said the plaintiff had not provided detailed evidence of continuous business use. The company said it met clients at the property, but the court heard no specific examples of meetings. The judge also cited evidence that the premises appeared unoccupied when the landlord visited, along with rodents and a lack of ordinary signs of occupation, including electricity use and office correspondence.

The court rejected the company’s argument that a sign outside the property supported its claim. It found the sign was ancillary and did not establish business use of the building’s internal space. The judge concluded that the plaintiff had not shown a bona fide business equity entitling it to seek a new tenancy under the Landlord and Tenant (Amendment) Act 1980.

The company had occupied the premises under an alleged oral lease from 2014, initially paying annual rent of €18,000 in monthly instalments. The defendants bought the property in December 2020. The company claimed the prior owners’ sale advertisement said the tenant was unaffected by the sale and that it continued to meet its rental obligations. The defendants disputed the tenancy’s terms and said the company was in arrears, had not paid rates to Dublin City Council and had failed to maintain the property.

The judgment records that the parties agreed a valid notice to quit had been served. The court found that rent was in arrears, rates were outstanding and the property was in poor repair when the notice was served. It also found the premises had been allowed to fall into serious disrepair.

The decision dismisses the application for a new tenancy. It does not set out any further order concerning possession of the property.

Read the original court judgment

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