Commercial Leases Solicitor Dublin
Blanchardstown, Castleknock, Dublin City Centre
Commercial Leases Solicitors Dublin
Commercial Leases Solicitors in Dublin deal in extending advice and support for legal issues concerning commercial leases. Are you a landlord or a tenant, navigating the complexities of commercial lease agreements requires expert knowledge and attention to detail? Do you need assistance in understanding your rights and obligations and ensuring that your interests are protected throughout the leasing process?
The experienced and expert team at Carmody Moran Solicitors based in two convenient Dublin City locations:
27 Mount Street Upper, Dublin 2
Situated in the centre of Dublin on Mount Street, off Merrion Square, our location is convenient to the heart of Dublin’s commercial and business centers with experience in commercial sales of commercial property, offices, shops, convenience stores, restaurants, medical practices, pharmacies, covering all of Dublin from Merrion Square to Ranelagh, Portobello, Sandyford, Leopardstown to Dun Laoighaire.
Please look to our Commercial Law practice areas to find the solution for your particular need.
Commercial Litigation >
Commercial Property Purchase >
Main Street, Blanchardstown Village, Dublin 15
Convenient to the business parks at Ballycoolin, Blanchardstown Corporate Park, Huntstown Business Park, Eastpoint Business Park, Hibernian Industrial Estate, Broomhill Industrial Estate, Calmount Business Park, North Ring Business Park, Rosemount Business Park, Tolka Valley Business Park, North City Business Park, North Park, Park West, Fonthill Business Park, Longmile Road & Nangor Road. Equally are on hand to guide Landlords and Tenants in the drafting and negotiation and renewal of Commercial Property Leases.
Commercial Property Leases can be for a variety of terms from four years, nine months, ten years, to lease terms of 35 years and upwards.
Our proactive and practical team of commercial property specialists at Carmody Moran Solicitors are on hand to guide on the range of issues that can arise including lease preparation and negotiations, business equity rights and waivers, lease assignments, variations, and renewals, services charges, and commercial lease disputes.
Understanding Commercial Leases in Dublin
A commercial lease is a legally binding agreement that outlines the terms and conditions for renting a commercial property such as office spaces, retail units, and industrial premises. Whether you are a landlord or tenant, it is important to understand your legal rights and obligations before entering into a lease agreement.
How long is a commercial lease?
The duration of a commercial lease depends on the agreement between the landlord and tenant. In Ireland, commercial leases typically range from five to twenty five years. However, shorter term leases of one to four years are also common. The lease length should align with business needs while considering renewal options and exit clauses.
Does a commercial lease need to be registered?
A commercial lease must be registered with the Property Registration Authority if the term exceeds twenty one years. Leases longer than five years may also require stamping with the Revenue Commissioners for compliance with stamp duty regulations. Seeking legal advice before signing a lease ensures proper registration and prevents future legal issues.
Who pays the legal fees for a commercial lease?
The responsibility for legal fees in a commercial lease varies depending on negotiations between the parties. Typically, tenants cover their own legal costs, while landlords may pay for drafting the lease. Additional expenses such as registration and stamp duty may also be negotiated between the parties.
Legal Aspects of Commercial Leases
Do you need a solicitor to sign a commercial lease?
A solicitor is not required to sign a commercial lease, but having legal representation is recommended. Commercial leases often contain complex clauses that affect rent obligations, repair liabilities, and termination rights. Consulting a solicitor before signing can prevent costly disputes and ensure that all terms are clear.
Do I need a solicitor to rent a commercial property?
It is not legally required to have a solicitor when renting a commercial property, but it is strongly advised. A solicitor can review lease terms to identify potential risks, negotiate terms that protect business interests, and ensure compliance with legal obligations such as stamp duty and registration. The commercial lease solicitors at Carmody Moran Solicitors assist businesses in Dublin, including areas such as Dalkey, Ranelagh, and Ballsbridge, with leasing agreements and legal guidance.
Who pays stamp duty on a commercial lease?
In Ireland, the tenant is generally responsible for paying stamp duty on a commercial lease. The amount payable depends on the lease duration, annual rent, and any premium paid upfront. It is important to confirm stamp duty obligations before signing the lease to avoid penalties or delays.
How much do solicitors charge for a commercial lease?
Legal fees for commercial leases depend on the complexity of the lease agreement, property value, and negotiations involved. Solicitors in Dublin typically charge between one thousand five hundred and five thousand euros for drafting, reviewing, and negotiating lease agreements. For a tailored quote, contact Carmody Moran Solicitors to discuss specific leasing requirements.
Breach and Termination of Commercial Leases
What is the penalty for breaking a commercial lease?
Breaking a commercial lease before its agreed term can result in financial penalties such as paying outstanding rent or legal fees. Landlords may also take legal action to recover losses, and tenants may face challenges securing future commercial leases due to their breach history. Break clauses or negotiation with the landlord can sometimes help mitigate penalties. Seeking legal advice before terminating a lease is essential.
What happens if you cannot pay your commercial lease?
If a tenant cannot pay rent on a commercial lease, several options may be available. Some landlords allow deferred or reduced payments, while others may seek legal action to recover unpaid rent. In some cases, the landlord may terminate the lease and repossess the property. It is advisable to seek immediate legal guidance to explore available options.
- As a Landlord what do I need to consider when putting in place a new commercial lease?
As a Landlord there is lots to consider. You are making your decisions based on the situation today, but if your lease is for a substantial period of time, you have to safeguard your property investment and future.
The matters to be considered when putting in place a new commercial lease range from:
- Market Rent and Rent Review Clauses to be inserted into the lease
- Lease Term
- Any break option
- Fit Out period
- Guarantee provisions for the letting
- The use of the property
- Insurance
- Repairs and maintenance
- Alterations and improvements
- Services charges and utilities
- Insurance
- Termination
- Renunciation of Business Equity Rights
- Assignment provisions.
It is always advisable to meet early with an expert commercial property solicitor as you advance in negotiations to ensure in your negotiations you are meeting all of your aims and aware of the consequences your negotiations as you advance as well as the practical aspects of drawing up your new commercial lease.
I am a business Tenant, do I need a solicitor to review a commercial lease?
A commercial lease is a legally binding contract between a landlord and a tenant, and it can have significant financial and legal implications for both parties. A solicitor with experience in commercial lease agreements can help ensure that the lease is fair, balanced, and legally sound, protecting your interests and helping to avoid any potential disputes or issues down the line.
At Carmody Moran Solicitors our expert commercial property team based in two convenient Dublin City locations at 27 Mount Street Upper, Dublin 2, and at Main Street, Blanchardstown Village, Dublin 15 (convenient to the business parks at Ballycoolin, Blanchardstown, Dublin 15 and Dublin 11, and the M50), are on hand to guide Landlords and Tenants in the drafting and negotiation and renewal of Commercial Property Leases.
Our expert solicitors will listen closely to your objectives and the needs of your business in acquiring the letting, taking care to guide you through the rights and obligations between Landlord and Tenant, and the many laws that cover commercial arrangements.
The relationship of Landlord and Tenant is not without its complexities, and legal advice to review a commercial lease in recommended to:
Understand the commercial lease terms
Including any rights and obligations of both parties, and ensure that they are clear and unambiguous and in line with your business requirements.
Aid in negotiating the finer Lease terms
There may be unfavourable terms in the lease, such as rent increases, service charges, or maintenance obligations, it is important to ensure these are manageable and fair.
Ensure compliance with legal requirements
Ensure that the lease complies with all relevant legal requirements, including zoning and planning regulations, health and safety standards, insurance, common areas, management company obligations etc.
Protect your interests
Being a tenant can be daunting, you are hungry for the advancement occupation of the premises can bring, but forewarned is forearmed, you need to fully understand your legal interests and have an advocate in your team that can help ensure that the lease protects your interests, such as by including provisions for rent reviews, renewal options, or break clauses.
Aid avoiding disputes
By ensuring that the lease is clear, balanced, and legally sound, our expert solicitors can help avoid disputes between the landlord and tenant, potentially saving both Landlord and Tenant, time, money, and stress.
Overall, while it may not be legally required, having a solicitor review a commercial lease can provide valuable peace of mind and help ensure that your interests are protected throughout the lease agreement.
To arrange a consultation at Blanchardstown or Dublin City Centre call us today on 018272888 or email [email protected] and our expert commercial property team will be available to assist.
Frequently Asked Questions of our Commercial Leases Solicitors in Dublin, Ireland
What is a commercial lease agreement?
A commercial lease agreement is a legally binding contract between a landlord and a tenant that sets out the terms and conditions governing the rental of a commercial property. It outlines the rent, lease duration, responsibilities of both parties and any special clauses.
What are commercial tenants' rights in Ireland after 5 years?
In Ireland, the Landlord and Tenant Act 1980 provides security of tenure to commercial tenants who have been in continuous occupation of a property for five or more years. This means the tenant has the right to request a new lease and cannot be easily evicted by the landlord. The Landlord may, however, seek a renunciation of these rights at the commencement of a lease.
Can you break a commercial lease in Ireland?
This will depend on the terms of the lease itself. Many commercial leases in Ireland may have break clauses that allow either the landlord or the tenant to terminate the lease before its expiry date. The conditions and notice periods for exercising the break clause are typically specified in the lease agreement.
How do I evict a commercial tenant in Ireland?
Evicting a commercial tenant in Ireland involves following specific legal procedures. Typically, the process requires issuing a notice of termination, and if the tenant does not vacate the property voluntarily, the landlord may need to apply to the courts for a possession order.
Who pays stamp duty on a commercial lease in Ireland?
In Ireland, the tenant is responsible for paying the stamp duty on a commercial lease. The stamp duty rate is based on the term of the lease and is payable within 44 days of the lease execution.
What is the most popular type of commercial lease in Ireland?
The most common type of commercial lease in Ireland is the “Full Repairing and Insuring” (FRI) lease. Under this type of lease, the tenant is responsible for both rent and all property-related costs, including repairs and insurance.
How do I get out of a commercial lease in Ireland?
Getting out of a commercial lease in Ireland can be challenging. If the lease does not have a break clause, the tenant may need to negotiate with the landlord or find a new tenant to assign the lease. Alternatively, seeking legal advice can help explore other options.
Do you pay VAT on commercial rent in Ireland?
As a general rule, commercial rent in Ireland is generally subject to Value Added Tax (VAT) at the standard rate, which is currently 23%. However, some properties or leases may be exempt from VAT or subject to a reduced rate.
Does a commercial lease need to be registered in Ireland?
Yes, commercial leases with a term of over 35 years need to be registered with the Property Registration Authority (PRA) in Ireland. This registration process provides public notice of the lease and protects the tenant’s rights.
What is the process for registering commercial leases in Ireland?
To register a commercial lease in Ireland, the landlord or their solicitor must prepare and submit the necessary documents to the Property Registration Authority (PRA). The registration process creates a public record of the lease and protects the tenant’s interest in the property.
How to evict a tenant from a commercial property?
If a commercial tenant fails to comply with lease terms such as non payment of rent or misuse of the property, the landlord may initiate eviction proceedings. This involves issuing a formal notice to the tenant, engaging a solicitor to review legal grounds for eviction, and seeking a court order if necessary. For landlords considering eviction, consulting an experienced commercial property solicitor ensures compliance with landlord tenant laws and prevents potential legal complications.
Your Expert Commercial Law Legal Team in Blanchardstown
At Carmody Moran Solicitors in Blanchardstown, our experienced commercial lease solicitors are on hand to advise and skilled in handling all nature of commercial law in Dublin.
The Carmody Moran Solicitors Team in Blanchardstown have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.
Jim Downing
Team
Jim Downing is a senior member of the team at Carmody Moran Solicitors LLP. He has significant legal experience gained working with private client firms in Dublin before joining the team.
He is a highly skilled commercial conveyancer with broad Commercial Law expertise from his twenty years plus experience working in the legal field making him a private client specialist including the Commercial Lease practice area having handled literally thousands of cases on behalf of clients based in Dublin, Ireland & abroad.
Niamh Moran
Partner
Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.
Niamh manages the family law, conveyancing in Dublin, and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.
*While we have made every effort to provide accurate information, the law is always changing and it affects each person differently. This information is not a substitute for specific advice about you personally and it is not intended as legal advice. We will not be liable to you if you rely on this information. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.
You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Carmody Moran Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.
Contact Your Expert Commercial Leases Legal Team in Blanchardstown, Dublin
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