Sherwin O’Riordan advises landlords and business tenants across Ireland on commercial leases. From our offices in Dublin and Wicklow, we provide practical legal advice on new leases, lease reviews, renewals, assignments and surrenders.
Speak with a Solicitor Today – Call 01 663 2000
A commercial lease can shape your business costs, operational flexibility and property obligations for years. The rent is only one part of the agreement. Repairing liabilities, service charges, guarantees and restrictions on leaving or transferring the premises can be equally important.
Sherwin O’Riordan commercial lease solicitors advise landlords and business tenants across Ireland. We help clients understand proposed terms, negotiate appropriate protections and address issues arising during or at the end of a tenancy.
Whether you are letting an investment property, taking premises for your business or reviewing an existing lease, we provide advice that connects the legal obligations with your commercial objectives.
Call 01 663 2000 or contact our property team to discuss your commercial lease.
Landlords and tenants approach a lease with different priorities. Clear drafting and early advice can help both parties understand the commitments they are making.
Before taking premises, you need to understand the total financial commitment and whether the lease supports your business plans.
We review proposed leases and advise on matters including repairs, service charges, permitted use, alterations, rent reviews and opportunities to leave or transfer the premises.
We also explain the implications of deposits, personal guarantees and other security arrangements where these are proposed.
For landlords, a lease should address the intended occupation, payment obligations, management of the property and protection of the investment.
We assist with drafting and negotiating commercial leases, including provisions concerning rent, repair, insurance, service charges, tenant obligations and dealings with the premises.
We also advise on variations, assignments, renewals and agreed surrenders.
Advice at the outset can help identify obligations that may be difficult to change once the lease is completed.
We review heads of terms, draft leases and related documents, explaining the provisions that need particular attention. Where negotiation is appropriate, we seek changes that reflect your priorities and the circumstances of the letting.
The terms available will depend on the property, the parties’ bargaining positions and the proposed agreement. Our role is to help you understand the risks and make an informed decision.
The lease should clearly explain the rent, payment arrangements and any review mechanism.
We examine when reviews take place, how the revised rent is determined and how disagreements are addressed. We also consider the legislation applicable to the particular lease.
Rent-review provisions should not be assessed solely by their headline wording.
Repairing obligations can create substantial liabilities, including expenditure on defects that existed before occupation.
We examine the extent of the tenant’s obligations and whether proposed limitations are appropriate. A professionally prepared schedule of condition may assist negotiations, but its effect depends on how it is incorporated into the lease.
Legal advice should be supported by an appropriate survey or technical assessment where required.
Service charges, insurance contributions and other payments can materially affect the cost of occupying premises.
We review the services covered, the allocation of costs, accounting arrangements and any proposed caps or exclusions. Particular attention may be needed where a lease permits recovery of major repair or improvement costs.
The lease needs to accommodate the intended business activity and any necessary fit-out.
We consider restrictions on use, signage, alterations and works, together with consent requirements. Permission under the lease does not replace any planning permission or other approval that may be required.
A break clause may allow a party to end the lease before its stated expiry date.
Its value depends on the notice requirements and conditions attached to it. We advise on proposed break provisions and, where a break is being exercised, the steps required under the particular lease.
Seek advice well before the relevant notice deadline.
A business may need to relocate, restructure or transfer its interest in premises.
We review restrictions on assignment and subletting, including consent requirements and any continuing obligations. Transferring occupation does not necessarily release every liability under the original arrangements.
We examine who arranges insurance, who pays the premium and what happens if the premises are damaged.
The lease should also be considered for provisions concerning reinstatement, uninsured risks, suspension of rent and termination following damage.
Where a guarantee or deposit is proposed, its scope and release arrangements deserve careful attention.
We explain the obligations involved, including whether liability may continue following changes to the lease or tenancy.
The end of a lease does not always mean that every right to remain in the premises ends with it.
Irish landlord and tenant legislation may give a qualifying business tenant a right to a new tenancy. Eligibility depends on the circumstances, including occupation and use, relevant exceptions and any valid renunciation.
A renunciation of qualifying business renewal rights must be in writing and involve independent legal advice.
We advise landlords and tenants on renewal issues and the documentation required. These matters should be considered before the existing lease expires.
Business needs and property arrangements can change during a lease.
We assist with assignments, variations and agreed surrenders, including the consents and documentation relevant to the transaction.
Where a lease is being surrendered, the agreement should address possession, payments, outstanding obligations and the extent of any release. Handing back the keys should not be assumed to end the tenant’s liabilities.
Disagreements may concern rent, service charges, repairs, consent requests, break notices or obligations at the end of the tenancy.
We review the lease, relevant correspondence and available evidence to assess the legal position and the options for resolution.
Depending on the circumstances, the appropriate route may involve negotiation, mediation or court proceedings. Early advice is particularly important where a notice, deadline or threatened termination is involved.
Read about our commercial litigation and dispute resolution services.
We begin by understanding the premises, the proposed arrangement and what you need to achieve.
We then review the relevant documents, identify significant obligations and explain the provisions requiring a decision or further negotiation.
Throughout the matter, we consider the practical consequences for your business or investment, including ongoing costs, operational restrictions and future exit plans.
If you are taking or letting business premises, renewing a lease or dealing with an existing tenancy issue, contact Sherwin O’Riordan.
We advise landlords and business tenants across Ireland from our offices in Dublin and Wicklow.
Telephone: 01 663 2000 Email: info@sor.ie Dublin office: 74 Pembroke Road, Ballsbridge, Dublin 4, D04 X339
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.
Ideally, seek advice before agreeing heads of terms or signing documents that may create binding commitments.
For an existing lease, contact a solicitor promptly if you are considering a break, assignment, renewal or surrender, or if a dispute has arisen.
Many proposed terms can be discussed, but a landlord or tenant is not obliged to accept every requested change.
We identify the provisions that matter most to your position and advise on appropriate amendments.
A full repairing and insuring, or FRI, lease generally places substantial repairing and insurance costs on the tenant.
The precise obligations depend on the wording and the premises covered. Insurance may be arranged by the landlord, with the tenant paying the relevant cost.
The label “FRI” should not replace a detailed review of the lease.
Not necessarily.
Renewal may depend on contractual provisions or statutory rights. A tenant’s entitlement should be assessed against the applicable law, occupation history and any relevant renunciation.
Do not assume either that renewal is automatic or that the tenant must leave solely because the stated term has ended.
Possible routes may include exercising a valid break clause or negotiating a surrender with the landlord.
The available options depend on the lease and circumstances. Simply vacating the premises does not necessarily end the obligation to pay rent or meet other liabilities.
Useful documents include the proposed or existing lease, heads of terms, side letters, guarantees, relevant notices and correspondence.
Tell us about your intended use of the premises, the outcome you need and any approaching deadline
Fees depend on the documents, negotiations and work required.
We explain the proposed scope of our instructions and the applicable costs information. Let us know whether you need an initial review, negotiation of a new lease or advice on an existing issue
Understand how compensation is assessed
Real examples of successful outcomes
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