Lease Disputes

A lease dispute is a broad category of commercial property disputes that relates to any issue that may arise between a landlord and tenant.

Both landlords and tenants need to ensure they get legal advice when negotiating a commercial lease of a property. You need to be ensure that you are fully aware of the rights and obligations that the lease itself will create and those that will be created by statutory legislation under the Landlord and Tenants Acts.

It is important to consider how long the term of the lease will be and to be cognisant of the implications of the potential for renewal of the lease for both parties.

Other considerations such as rent, rates and stamp duty, rent review clauses, repairs, insurance, early termination of the leases, personal guarantees, break and renunciation clauses also need to be considered and negotiated.

Commercial tenancy will vary significantly depending on the nature of the property and the length of the lease. A public house, for example would require important covenants on the part of the tenant to ensure they did not jeopardise the attached licence. Generally the longer the tenancy the more responsibility will be placed on the tenant with regard to the repair and maintenance of the premises.

It is important also to consider if the Tenant wish to consider setting up a company for the purpose of taking up the lease.

We at Berwick Solicitors, have many years experience in the area of commercial leases and have dedicated Solicitors who specialises in the area. Ronan Murphy holds an additional diploma in commercial conveyance from The Law Society of Ireland. While John Callinan holds a diploma in Commercial Law from the Law Society of Ireland with over half a century of experience between them. We can assist you with the buying, selling and re-mortgaging your residential or commercial property.

Additionally we have expertise in dealing with Landlord/Tenant disputes together with drafting commercial leases.

We furnish our clients with a comprehensive quote giving them full details of all the fees involved. We detail the costs associated with buying your property to ensure you are fully aware of professional fees, stamp duty and property registration authority fees.