The landlord and tenant relationship is that of a contract. The landlord wishes to let and the tenant wishes to rent. They agree terms and the landlord’s solicitor drafts the lease. Both parties should ensure that the lease represents the agreement between the parties and meets their requirements.
A prudent landlord should make appropriate enquiries in relation to the ability and character of the proposed new tenant and seek references. Whilst many legal documents are literally interpreted, many of the terms in a lease between a landlord and tenant have been varied by the court. Thus prohibitions against assignment, subletting or change of use whilst prohibited in leases, can be specifically authorised by the court.
The area of landlord and tenant law is becoming highly regulated. O’Doherty Warren Solicitors has extensive experience in the drafting and finalisation of leases and has represented Landlords and Tenants on many occasions.