Upward Only Rent Reviews

[Slim Buddha]

My interpretation of a "Banana Republic" is a pseudo Republic which is ran for the benefit of a few at the expense of the citizens at large.
This fits Ireland just fine.

add in Irish jokes like upward only rent reviews, county managers getting paid more than other european Prime Ministers, a population who would put up with just about anything, bringing in regulations to make new apartments more family friendly in 2007 when all the gerry-built box apartments had already been thrown up, Gardí who tailor their attitude to, and treatment of young people, and sometimes old people depending where they are stationed.
And last but most relevant to this thread a situation where it seems people who did everything required of them been told that OOPS, no one knew it but you should have been doing more. Now we are going to put you out of business and clear the way for gangsters and chancres.
and I haven't even mentioned the banks..........AND SO MUCH MORE.....

BANANA REPUBLIC 100%

Can't disagree with much there, eamo, but Upward Only Rent Review is an insanity we inherited from the Brits, who unbelievably have the same nonsense in their legal arrangements. No less a luvvie than Jonathan Ross was a victim of this horsecrap when a comic shop of which he was part owner closed, and this was one of the economic factors in the decision to close it.

[DCon]

Can't disagree with much there, eamo, but Upward Only Rent Review is an insanity we inherited from the Brits, who unbelievably have the same nonsense in their legal arrangements. No less a luvvie than Jonathan Ross was a victim of this horsecrap when a comic shop of which he was part owner closed, and this was one of the economic factors in the decision to close it.

Upward only rent review makes some kind of backward sense when you live in a high inflation economy and the Central bank are happy with this and printing money to accommodate it.

It makes no sense when the Central bank are mandated to keep inflation at 2%, as rents can and will increase at a faster rate than the money supply

[Slim Buddha]

Upward only rent review makes some kind of backward sense when you live in a high inflation economy and the Central bank are happy with this and printing money to accommodate it.

It makes no sense when the Central bank are mandated to keep inflation at 2%, as rents can and will increase at a faster rate than the money supply

In a free market economy, it makes no sense at all to have one essential element of it rigged.

[Baron von Biffo]

Upward only rent review makes some kind of backward sense when you live in a high inflation economy and the Central bank are happy with this and printing money to accommodate it.

It makes no sense when the Central bank are mandated to keep inflation at 2%, as rents can and will increase at a faster rate than the money supply

We shouldn't forget though that UO clauses are a private matter between the parties to the lease. There is no legal requirement to have such a clause.

[Slim Buddha]

We shouldn't forget though that UO clauses are a private matter between the parties to the lease. There is no legal requirement to have such a clause.

No other legal system in the world loves "custom and practice" as much as good old common law!

[Baron von Biffo]

No other legal system in the world loves "custom and practice" as much as good old common law!

[Slim Buddha]

We inherited this nonsense from the British, who now find they have the same horsecrap in rental contracts. It is there because some time back in the dawn of man (or the beginning of common law, which is much the same thing) this idiocy was introduced by landowners and it has stayed, like ragworth, as something which remains, as part of custom and practice, in modern rental contracts, regardless if it has any relationship with reality or not.

These days, there is no justification for keeping it and if I was faced with an UPRR clause in a rental contract, I would tell the shyster trying it on to "******* off with himself and get a grip!"

[Baron von Biffo]

We inherited this nonsense from the British, who now find they have the same horsecrap in rental contracts. It is there because some time back in the dawn of man (or the beginning of common law, which is much the same thing) this idiocy was introduced by landowners and it has stayed, like ragworth, as something which remains, as part of custom and practice, in modern rental contracts, regardless if it has any relationship with reality or not.

These days, there is no justification for keeping it and if I was faced with an UPRR clause in a rental contract, I would tell the shyster trying it on to "******* off with himself and get a grip!"

Ah, you mean tradition. the term 'Custom and Practice' has a particular meaning in employment law so I was wondering what new ground you were trying to break.

UO clauses have absolutely nothing to do with Common Law or the Brits, they are terms in contracts just like any other. There's no legal difference between a UO clause and a clause prohibiting the erection of a neon sign on the building.

You acknowledge above that there's no obligation on anyone to sign up to them but if you do sign up you can hardly be surprised if the other party seeks to enforce it.

[Slim Buddha]

Ah, you mean tradition. the term 'Custom and Practice' has a particular meaning in employment law so I was wondering what new ground you were trying to break.

UO clauses have absolutely nothing to do with Common Law or the Brits, they are terms in contracts just like any other. There's no legal difference between a UO clause and a clause prohibiting the erection of a neon sign on the building.

You acknowledge above that there's no obligation on anyone to sign up to them but if you do sign up you can hardly be surprised if the other party seeks to enforce it.

I agree but like much in the arterio-sclerotic nature of common law, these clauses have hung around as they were first used by landowners in colonial times. "Custom and practice" has seen this sort of nonsense survive long after their "expiry date".

PS Employment Law is a variant of contract law, much of which is based on custom.

[Baron von Biffo]

I agree but like much in the arterio-sclerotic nature of common law, these clauses have hung around as they were first used by landowners in colonial times.

It has absolutely nothing to do with common law or colonial times. Nothing at all. Not even the tinyist little thing. There is no link whatsoever between common law and UO clauses. UO clauses are entirely independent of common law or former colonial status.

There really isn't any other way to put it. To say otherwise is as deluded as saying the Martians are making us do it.

"Custom and practice" has seen this sort of nonsense survive long after their "expiry date".

PS Employment Law is a variant of contract law, much of which is based on custom.

When the top of your head is below the top of the hole, thought should be given to resting the shovel.

[Slim Buddha]

It has absolutely nothing to do with common law or colonial times. Nothing at all. Not even the tinyist little thing. There is no link whatsoever between common law and UO clauses. UO clauses are entirely independent of common law or former colonial status.

There really isn't any other way to put it. To say otherwise is as deluded as saying the Martians are making us do it.






When the top of your head is below the top of the hole, thought should be given to resting the shovel.

YOu should really do a lot more research on the history of our wretched legal system, Baron. It would give you something to do which would qualify as a learning experience.

First thing you should learn is the difference between everyday and legal meanings of certain words. But there is a whole lot more which will enchant you!

[Baron von Biffo]

YOu should really do a lot more research on the history of our wretched legal system, Baron. It would give you something to do which would qualify as a learning experience.

Life long learning is something I was committed to long before, as Flann O'Brien might say, it was popular or profitable. Retirement is a wonderfully liberating thing that allows one great opportunities to learn new things. Trying to understand our constitution and laws is something I put a bit of effort into.

If you really want to you can tell us exactly why UO clauses can only exist in common law systems but you'll need to be a tad more precise than blaming the Brits. A link to the provision in Swiss law that prohibits them would be very useful as a starting point.

First thing you should learn is the difference between everyday and legal meanings of certain words. But there is a whole lot more which will enchant you!

It was your failure to make such a distinction that caused the earlier confusion.

[Slim Buddha]

We inherited our entire wretched legal system from the Brits, pausing only to slap the theocratic 1937 Constitution on it so perhaps you are right when you say do not blame the Brits: I blame those who accepted this bilious system without question at the foundation of the state.

It is strange then that only in common law jurisdictions is this nonsense a problem. There are regular newspaper reports here about rental values for property on Bahnhofstrasse, Zürich, one of the most expensive streets in Europe but the figures vary. Not very much, as you can imagine, given the stability of the Swiss economy, but they do vary.

Regarding how this is treated in Swiss law, I shall have to check out the various codes applying to this and return.

[C. Flower]

Apparently, upward only reviews are virtually unheard of outside the U.K. (gone in Ireland, for new leases. They tend instead to have much shorter leases.

http://www.andersonstrathern.co.uk/l...-under-threat/

[Slim Buddha]

Life long learning is something I was committed to long before, as Flann O'Brien might say, it was popular or profitable. Retirement is a wonderfully liberating thing that allows one great opportunities to learn new things. Trying to understand our constitution and laws is something I put a bit of effort into.

If you really want to you can tell us exactly why UO clauses can only exist in common law systems but you'll need to be a tad more precise than blaming the Brits. A link to the provision in Swiss law that prohibits them would be very useful as a starting point.

Articles 268, 269 and 270 of the Swiss Code of Obligations (Schweizerisches Obligationsrecht) deal with Protection from Abusive Rent and other Abusive Claims of the Lessor with Regard to Rental Agreements for Residential and Business Premises.

This provision of Swiss contract law effectively nails UORR on the head and kills the idea.