Commercial Lease Solicitors

Speak with a Solicitor Today – Call 01 663 2000

 

Get expert advice from our team of landlord and tenant solicitors

 

At Sherwin O’ Riordan LLP, we provide legal services to landlords and tenants within Dublin and across Ireland.  Our specialist property solicitors have handled a wide variety of issues.

The relationship between landlord and tenant has plenty of potential problematic areas. Beyond the contract, there are many laws to negotiate covering the rights and obligations of each.

Our team of property Solicitors will listen carefully to your requirements, whether you need guidance and advice on this area of law, or you are party to a dispute and require representation and we will recommend the legal options available to you.

 

 

Understanding the Complexity of Commercial Leases

Commercial leases are complex legal documents that outline the obligations and responsibilities of both landlords and tenants. They are significantly more intricate than residential leases, with potentially substantial financial and operational implications for businesses.

 

Key Areas Where a Solicitor Adds Value

A solicitor experienced in commercial property law at Sherwin O’ Riordan can negotiate effectively on your behalf, securing the most favourable conditions possible. Many tenants mistakenly believe a lease is a fixed document, but it’s a starting point for negotiation. This includes crucial aspects such as repairs, service charges, rent reviews, permitted use, break clauses, alienation, insurance, and security of tenure.

  • Repairs: Solicitors can negotiate to limit your liability for pre-existing issues, potentially through a Schedule of Condition documenting the property’s state at the lease commencement..
  • Service Charges: A solicitor can help negotiate caps on annual increases, ensure transparency, and exclude unreasonable charges .
  • Rent Reviews: They can ensure the mechanism for review is fair, transparent, and reflects prevailing market conditions .
  • Permitted Use: A solicitor can ensure the wording is broad enough to accommodate your current and future business needs.
  • Break Clauses: They can negotiate reasonable break conditions and ensure you understand the requirements to effectively exercise the break option.
  • Alienation: Our Solicitors can negotiate more flexible alienation clauses and seek to minimize restrictions imposed by the landlord .
  • Insurance: They can ensure adequate coverage for potential risks and clarify responsibilities for reinstatement after damage.

 

 

Sherwin O’ Riordan LLP property solicitors provide advice and representation in relation to:

  • Lease review
  • Drafting and negotiation of commercial leases including pre-let agreements
  • Lease assignments, variations and renewals
  • Sale and lease back arrangements
  • Service charge and insurance structures
  • Commercial lease disputes

When you speak to one of our property Solicitors, you can be assured we will be open, honest and proactive in assisting you with your matter.

 

 

Regulations and Legislation

Key documents include the heads of terms, the contract, and the transfer deed. A solicitor can help with these and other additional documents.

Engaging a solicitor at Sherwin O’ Riordan is not an expense, but a safeguard, helping you avoid costly mistakes, protect your interests, and ensure a smooth and successful transaction

 

Speak with a Solicitor Today – Call 01 663 2000

Contact us today through our online contact form.

Frequently Asked Questions; Commercial Leases

A commercial lease is a legally binding contract between a landlord and a business tenant, outlining the terms for renting a commercial property.

These leases are more complex than residential leases and cover various aspects, including property description, permitted business activities, lease duration, rent, deposits, and how the lease can be ended.

A commercial lease allows a tenant to establish their business in a property. The lease specifies the property details (address, floor plan, fixtures), permissible business activities, and the tenancy term (short or long-term, with or without automatic renewal).

It also defines the rent amount, payment schedule, and deposit terms. The lease will also outline the process for ending the lease, including notice periods and break clauses

Property Type and Description: This section includes the address, floor plan, and details of fixtures and facilities.

Additionally, Business Activity Permissible: This defines the type of business allowed on the property.

Moreover, Business Tenancy Term: This specifies the lease duration, which can be short-term (under 5 years) or long-term (over 5 years).

Furthermore, Rent Amount: This outlines the rent and payment schedule, which is often negotiated; rent reviews are also common.

In addition, Deposit: A security deposit is required to ensure the rules of the agreement are respected.

Finally, Ending the Lease: This outlines the notice required and the presence of a break clause.

Lastly, Full Repairing and Insuring (FRI) Lease: This type of lease makes the tenant responsible for maintenance and repairs.

A Full Repairing and Insuring (FRI) lease means that the tenant is responsible for the maintenance and repairs of the property, as well as insurance.

Consequently, this arrangement can lead to lower rent; however, it is important to note that the tenant bears the costs of repairs and must ensure they have adequate insurance.

Short Term: Typically, this refers to leases under 5 years, which are often 3.5 or 4.5 years in duration.

On the other hand, Long Term: This generally means leases that extend over 5 years, with rent reviews occurring every 5 years.

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