Commercial Leases
At McCarthy + Co, we understand that entering into a commercial lease is a significant undertaking for any business. A commercial lease sets the foundation for your operations and shapes your financial and operational flexibility, so it is important to understand the detail before you commit.
Experienced Commercial Lease Solicitors
At McCarthy + Co Solicitors LLP, our conveyancing team is led by Joseph McCarthy, and our commercial lease solicitors provide expert guidance to businesses across Ireland, whether you are a tenant taking a lease or a landlord granting one. You can minimise any concerns raised by your board, investors, or senior team with the support of our experienced team, who provide:
- Expert guidance on lease terms – Commercial leases contain a wide range of terms and conditions. We help you understand the implications of each, from the lease length and rent reviews to subletting, break clauses, and termination.
- Skilled negotiation – A good solicitor does more than interpret the legal language; they negotiate well too. We advocate on your behalf to secure terms that align with your business objectives.
- Risk mitigation – Drawing on our knowledge of property law, we identify potential risks and advise on how to manage them, whether by negotiating a break clause, capping the service charge, or confirming compliance with the relevant regulations.
- Saving time and stress – A commercial lease can be time-consuming and stressful to work through. We take that burden off your shoulders, so that you can focus on running your business.
- Avoiding costly mistakes – Misreading or overlooking a critical clause can prove expensive. Our review makes sure the lease is thorough and protects your interests.
Why Choose McCarthy + Co for Commercial Lease Matters?
Our team offers a professional, meticulous, and responsive service to businesses in every sector. In choosing to work with us, you can expect:
- Expertise in property law – Our team has deep knowledge of Irish property law, including the law on commercial leases, so we understand the nuances and complexities involved.
- Tailored legal solutions – Every business is different, so we provide personalised advice that aligns with your specific needs and supports your wider strategy.
- Comprehensive support and guidance – From the initial consultation to the finalised lease, we offer continuous support and clear guidance, keeping the process as smooth as possible.
- Reputation and trust – With a strong track record of serving businesses across Ireland, we have built a reputation for trustworthiness and for consistently protecting our clients’ interests.
To talk to us about a commercial lease, complete our confidential property consultation form, and a member of the team will arrange an appointment with one of our solicitors.
“McCarthy + Co Solicitors were engaged as my legal representation on a number of occasions, representing myself on a number of matters. Matters ranging from Lease agreements and land purchase to the willing of assets. I have always found the advice to be clear, concise, to the point and in a language easy to understand. I could always move forward with confidence on any matter once I had the green light from the guys in McCarthys. I would like to especially compliment Cliodhna, Emer and Leah for their assistance over the past few years on different matters. Their professionalism and attention to detail is second to none.”
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Meet Joseph McCarthy
Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP and has been an integral member of the team since 2013. He is a highly experienced conveyancing solicitor who helps our clients move through property transactions with a problem-solving approach and a genuine commitment to making the experience as straightforward as possible.
Joseph’s client-focused mindset shapes his work, as he is known for keeping clients well informed and connecting them with the right expert whenever a matter calls for specialist input. If you are entering into or reviewing a commercial lease and would like trusted, attentive advice, you can contact Joseph directly at joseph@mccarthy.ie.
Frequently Asked Questions
Questions we are often asked in relation to commercial leases.
Why should I use a solicitor before signing a commercial lease?
Taking advice before you sign is important, because a commercial lease is a long-term commitment that shapes your costs and your flexibility for years to come. We help you understand and negotiate the terms, identify risks, and secure conditions that suit your business. Our involvement protects you from legal pitfalls and costly mistakes, and it gives you confidence that the lease supports, rather than constrains, your plans.
What are the key issues to consider in a commercial lease?
Several terms deserve close attention. These include the length of the lease, the rent and how it is reviewed, responsibility for repairs and maintenance, rights to sublet or assign the lease, break clauses, and the consequences of ending the lease early. Understanding how these work together is essential to making sure the lease fits your business and allows room for future change. We explain each clause and advise on where it can be improved.
Do commercial leases have to be registered?
Yes. As a tenant, you are legally required to register the lease with the Property Services Regulatory Authority on its Commercial Leases Register, within 30 days of receiving the stamp certificate from Revenue. Details must be provided at three points in the life of the lease: when it is created, on a rent review, and when you cease to hold it. Failure to register without reasonable excuse is an offence. Separately, a lease granted for a long term, generally more than 21 years, is also registered as a burden against the property’s title with Tailte Éireann.
Are upward-only rent reviews allowed?
Not in newer leases. Upward-only rent review clauses, which prevent the rent from falling at a review, are not enforceable in commercial leases created after 28 February 2010. In those leases, a review can result in the rent going up or down in line with the mechanism agreed. Older leases may still contain enforceable upward-only clauses, so it is worth checking the position before you commit.
Do I have a right to renew my commercial lease?
You may. Under the Landlord and Tenant (Amendment) Act 1980, a business tenant in continuous occupation of the premises for at least five years can acquire a right to a new lease when the existing one ends. This right can, however, be formally renounced, and landlords often ask a tenant to do so as a condition of granting the lease. We advise on whether the right applies and on the implications of any renunciation before you sign.
Do I have to pay stamp duty on a commercial lease?
Usually, yes. As a tenant, you pay stamp duty on a commercial lease, calculated on the rent. For a lease with a term of up to 35 years, the duty is typically 1% of the average annual rent, with additional duty on any premium paid. Your solicitor calculates and files this through Revenue’s stamp duty system, and the stamp certificate then allows you to complete the registration with the PSRA.
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Useful Resources
- Property Price Register – Commercial Leases Register
- Irish Legal Guide – Commercial Leases
- McCarthy + Co – Important Things to Know About Commercial Leases in Ireland
Our Awards & Accreditations
We are a multi-award winning firm, accredited by the Law Society of Ireland.
