Landmark decision as Bewleys wins Irish test case in upward-only rent court case
Irish Business groups welcome court’s decision
A Dublin court has ordered a landlord owing money to Ireland’s National Asset Management Agency to reduce the rent it charges a commercial tenant in a ruling that could have vital implications for the country’s property sector.
The test case involves “upward-only rent reviews”, which are contentious clauses in leases that became popular during Ireland’s property boom and are now blamed for putting many companies out of business.
The Irish government initially pledged to outlaw upward-only rent review clauses when it assumed power. But it performed a U-turn over concerns this could undermine Nama, which bought loans with a face value of €74bn from the balance sheets of Irish banks in 2009.
The case pitted Bewley’s café, a landmark on Dublin’s main shopping street, against Ickendel Limited, a company controlled by developer Johnny Ronan which had its loans transferred to Nama, the bad bank set up to clear toxic loans from Irish lenders.
Bewley’s argued the 35-year lease it signed with Ickendel in 1987 should allow rents to fall in line with market values, as well as rise. It said securing a reduction in the €1.46m annual rent was of vital importance to its financial survival. The original rent was set at €213,000 in 1987 and had been subject to five-year reviews.
Ickendel said the lease meant rent should normally be ratcheted up every five years. But it accepted that in a situation where rents fell between reviews – by as much as 52 per cent for properties on Grafton Street – there should be no increase in the rent.
Dublin’s High Court ruled that to proceed with ever-increasing sums in rent every five years, while market rents were falling, would substitute an unreal figure for the rent.
It said the lease between Bewley’s and Ickendel stipulated that the rent was never to fall below the initial agreement of 1987. But the court ruled that an ambiguity in the wording of the lease allowed the rent to fall.
Property experts said the ruling would prompt thousands of commercial tenants struggling with upward-only rent review clauses to study their leases carefully to see if they could take advantage of the ruling. But they said it was unlikely to lead to wholesale abandonment of such leases.
“Where wording is not very clear there may be opportunities for tenants to secure reductions to the initial threshold rent but this would be on a case-by-case and only
Alan Shatter faces cool reception at AGSI Sligo conference
Members of the Garda representative bodies, GRA (Garda Representative Association) and Agsi (Association of Garda Sergents and Inspectors) protesting last week against proposed cuts in pay under the new Croke Park agreement.
Agsi annual conference set to be dominated by debate on ‘Government neglect’ of force
Minister for Justice and Defence Alan Shatter appears set for a mixed reception at the annual delegate conference of the Association of Garda Sergeants and Inspectors (Agsi), where debate is expected to be dominated by the perceived neglect of the force under the current Government.
The sergeants and inspectors are calling on the Government to desist from the threatened pay cut for Garda members. They will also discuss how they might withdraw from the reform of Garda work practices already underway as part of the original Croke Park agreement.
Any move to withdraw from the implementation of new Garda rostering currently being piloted under the agreement, for example, would represent a serious escalation to Agsi’s current protest over threats of further reductions to their salary and allowances.
In recent weeks sergeants and inspectors have joined their rank and file colleagues in refusing to use their personal property – including mobile phones, laptops and vehicles – for work purposes.
The decision to stop using their mobile phones has impacted on communication between Garda members, especially in circumstances where they would normally be available to be contacted off duty.
Alan Shatter is due to address delegates at the conference in Sligo town during the opening session this evening. He will reply to the address by Agsi president Tim Galvin which is expected to be critical of Mr Shatter and of Government policy towards Garda pay, depleted Garda resourcing and the lack of any recruitment.
Over the course of the conference, which runs until Wednesday afternoon, delegates will discuss a range of motions on pay and resourcing, with speakers set to call on delegates to direct Agsi’s national executive to resist any more pay cuts.
A motion by members from the Cork west division asks delegates to consider further ways to protest against and counteract proposed pay cuts, while also urging withdrawal from the reform process under way under the original Croke Park agreement.
Motions from the Clare division, the Cork City division and the Wexford division raise the prospect of withdrawing from the Croke Park reform process, or “revised action plan” for the Garda force.
Some of the programme for the conference is also taken up by the contentious issue of Garda premium payments, with a motion from the Wicklow division urging the Agsi national executive to have the payments included in basic pay.
Significant donation of €1 million for NUI Galway scholarship research
It was announced this morning that NUI Galway is to receive the funding from the late Dr Tony Ryan Trust fund pictured above right.
A “significant donation” of over €1m has been made to NUI Galway to support scholarship and innovation in environment, marine and energy.
A “significant donation” of over €1m has been made to NUI Galway to support scholarship and innovation in environment, marine and energy.
In addition to supporting the access programme, the significant philanthropic gift of over one million euro will specifically provide fully funded research scholarships for five PhD students. The Dr Tony Ryan Research Scholarships will offer opportunities to pursue a postgraduate degree in the key research areas of environment, marine and energy.
The scholarships will specifically focus on research priorities at The Ryan Institute in the University, including innovation in energy-efficient technologies and bio-energy, research and development in aquaculture, fisheries, offshore renewable energy resources and bio-discovery, and development of technologies for monitoring, modelling and mitigation of environmental pressures.
Speaking on behalf of the Trustees of the Dr Tony Ryan Trust, Emma Lane-Spollen said the group were “proud to support” Irish and migrant students to access NUI Galway’s degree programmes with a sum of €125,000 per year for four years.
“We also look forward to supporting the development of the marine industry and the exploration of marine ecosystems in Ireland by supporting Galway’s ability to attract the best PhD students through these five full scholarships, putting Galway at the forefront of marine research and innovation.”
Console to host suicide prevention programme in Galway
National suicide prevention and bereavement charity Console is holding a suicide prevention training programme in Galway to enable people to learn how to help save lives.
National suicide prevention and bereavement charity Console is holding a suicide prevention training programme in Galway to enable people to learn how to help save lives.
The one-day training programme, titled QPR (Question, Persuade and Refer), will take place in NUI Galwayon Tuesday 16 April, the first of three locations in Ireland for the course.
All participants will receive QPR Gatekeeper Certificate awarded by The QPR Institute. The Galway course runs from 10am to 4.30pm, and places are limited so early booking is advised. The fee is €75 per person.
Booking forms are available on http://www.console.ie or by ringing Console’s head office on 01-6102638. Console offers counselling services and 24-hour helpline support to people in crisis and those bereaved by suicide.
The charity has a full-time centre in Galway at Console House, 9A Elm Park, Renmore, Galway (091-769942) and is also in Dublin, Cork, Limerick, Wexford, Mayo and Kildare.
Counselling is available for any individual, couples, families or children who have been affected by suicide. Console can be reached at any time on Freephone 1800-201890 and many resources and useful information can be found athttp://www.console.ie.
How long will you live to? Maybe to a hundred
How long will I live? It’s a question more and more of us ask ourselves as 70 becomes the new 60, 80 the new 70 and so on.
The odds are still against getting to 100, but they are shortening all the time. In fact, it’s estimated that a third of all babies born in the past year are likely to still be alive in 2113.
So, what are your chances of living to 100? Take our quiz below to find out if your current lifestyle stacks the odds in your favour, or not … .
What Does Your Waist Measure?
a) 30in or under
b) 30.5in – 34.5in
c) 35in or above
Having a waist size greater than 32 inches for a woman or 37 inches for a man is a clear indication that a person is carrying excess weight, which puts them at an increased risk of developing serious illnesses such as diabetes, heart disease and even cancer. All excess weight is bad for health, but fat around the middle poses the most risk to health.
Do You Consume Your five-A-Day?
a) Yes, I get my five-a-day
b) Two or three portions a day
c) I rarely eat fruit & veg
On average, we consume 2/3 portions of fruit and veg a day in Ireland, which is well below the recommended amount. A recent report from The World Cancer Research Fund concludes that regular fruit and vegetable consumption can protect against cancers of the mouth, pharynx, larynx, oesophagus and stomach and the report recommends that we all aim for at least five portions of fruit and vegetables per day.
Do you regularly see family and friends?
a) Yes, often, relationships are a priority in my life
b) I have a few close friends, but I like my own company, too
c) I’m not that sociable and spend a lot of time alone
Our relationships have a huge impact on our mental heath and, therefore, on our physical health, too. In fact, research from Brigham Young University in the USA, found that when it comes to longevity, good relationships could improve your health chances by around 50pc because you’re less likely to feel stressed or get involved in risky behaviours and more likely to take good care of yourself.
How Many Units Of Alcohol do you drink a week?
a) 0 – 7 units
b) 8 – 14 units
c) 15 units or more
Drinking more than 14 units per week for a woman (approx seven glasses of wine) and 21 units for a man, puts you at greater risk of developing several life-shortening conditions, including liver damage, heart disease, stroke and breast cancer. Regular alcohol consumption is also associated with obesity, which in turn can lead to type two diabetes. According to Drinkaware, adding between two and three units of alcohol a day to your usual diet would see your weight shoot up by 4lb in four weeks.
How Much Exercise Do You Get?
a) I work out 3-5 times per week
b) I walk everywhere
c) None, or very little
Swedish and US research published in 2012, found that even up to 75 minutes of brisk walking a week will help you live 1.8 years longer. However, getting 150 minutes a week, (approx 20 minutes per day) which is the amount recommended by the Department of Health, can increase your life expectancy by up to four and a half years so it really is worth your while getting that little bit of exercise in each day.
How Well Do You Sleep?
a) Like a log
b) Okay, most of the time
c) Not well, I always wake up tired
A recent sleep survey conducted by Lenor Fabric Softener has discovered that we’re a nation of insomniacs with 92pc of us claiming to be affected by poor sleep, which is not good news for health. But making simple changes to your sleep routine can help; avoid caffeine, alcohol and computer use before bed, go to bed at the same time every night and keep your bed linen fresh and clean – almost three quarters of those surveyed felt their quality of sleep was drastically improved by sleeping in freshly washed sheets.
Do You Smoke?
a) I’ve never smoked
b) I used to smoke, but stopped
c) Yes
Smokers typically die at least a decade earlier than non smokers. Cigarette smoking increases your risk of many life-threatening illnesses, including lung disease, cancer, heart disease and stroke. But the good news is, it’s never too late to give up. Quitting at any age gives you the potential to repair damage. For example, if you quit before you are 40, your increased risk of dying early falls by over 90pc.
Do you have a family History Of Cancer?
a) No close relatives diagnosed
b) A couple of close relatives diagnosed over 60
c) Yes, more than two close relatives diagnosed under 50
Family history does increase your risk and the younger your relatives were when diagnosed, and the more of them there are, the greater chance there is of a genetic component.
However, it’s not just down to the cards you get dealt with, it’s how you play them and that’s where a healthy lifestyle pays. Your DNA does not wholly dictate your destiny, how you live your life plays a huge part, so make sure you do everything within your power to build your body’s resistance to disease through diet, exercise and regular stress management.
How Did You Do?
Mostly Cs
Let this be your wake-up call. Your body is probably more like that of someone 10 years older. But don’t despair, there’s a lot you can do right now to reverse the damage. Start by tackling the unhealthy habits which have the potential to do the most damage such as smoking and excessive alcohol consumption and remember that even small changes can make a big difference.
Mostly Bs, You’re doing pretty well, but look back over your answers to see if there are areas that you could improve on. Could you increase your exercise routine or your fruit and vegetable consumption?
Mostly As, Well done – if anyone has a chance of making it to 100, it’s you. By making positive lifestyle choices, you’ve probably knocked 10 years off your biological age. Now you just have to keep up the good work and hope your pension will last as long as you do.
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