Ireland: Real Estate

The Irish High Court has clarified the extent to which commercial property owners can use force to regain possession of their premises. In a case involving a warehouse sale following loan default and receivership, the court examined whether breaking glass and cutting through steel shutters constituted lawful recovery of property. The decision provides important guidance on the boundaries between legitimate property recovery and unlawful forcible entry.

Last week the Supreme Court published their judgment in the long running landlord and tenant dispute between RGRE Grafton Limited (the “Landlord”) and Bewley’s Café Grafton Street Limited (the “Tenant”) and Bewley’s Limited in relation to the ownership of six 1920s Harry Clarke stained glass works (the “Works”) in Bewley’s café, Grafton Street. The Supreme Court found that the Works were part and parcel of the premises and were therefore the property of the Landlord.

With the demand for Social Housing continuing to increase, an overreliance on funding from the Housing Finance Agency (HFA) has the potential to exacerbate delays in supply of housing.