The clauses that cost tenants money
- Repair — a full repairing and insuring (FRI) lease can oblige you to hand back the premises in better condition than you took them; a schedule of condition recording the actual state at commencement is the tenant's essential shield, and the end-of-term dilapidations claim is where the omission is paid for
- Rent review — mechanism, frequency and basis; note upwards-only rent review clauses are banned in Irish leases created since early 2010, but the review machinery still decides your exposure
- Break clause — your right to leave mid-term is only as good as its conditions: vacant possession, all sums paid, strict notice windows. Break conditions are enforced literally; diarise them like limitation dates
- Alienation — assignment and subletting consents (how these clauses work): your exit if the business outgrows or abandons the premises
- Service charge — what's included, caps, and sinking funds in multi-let buildings
- Personal guarantees — landlords routinely ask directors to guarantee a company tenant's lease; negotiate caps, expiry on assignment, or rent deposits instead
- Statutory renewal rights — long occupation can generate renewal rights, and landlords routinely require contracting-out; understand what you're waiving before you waive it
Heads of terms come first
By the time the draft lease arrives, the agent's heads of terms have usually fixed rent, term, break and incentives — and solicitors are told to "follow the heads". Negotiate the heads as seriously as the lease: it is the cheapest moment to win every point above.
What our review delivers
A marked-up lease and a plain-English report: your total occupancy cost picture, the repair and dilapidations exposure, the break conditions diarised, the guarantees and their alternatives, and the specific amendments to seek. Conveyancing on the wider transaction, where needed, is handled with our main practice — this page is about the contract you're about to live in for a decade.
How our fees work
You get a fixed quote in writing before any work starts — no hourly-rate surprises and no meter running while you think. If the scope changes, the quote is revised in writing before we continue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. How contract solicitor fees work in Ireland →
Frequently asked questions
What is an FRI lease?
Full repairing and insuring: the tenant carries repair obligations and insurance costs, so the landlord's rent is net. Standard for Irish commercial lettings — which is why the schedule of condition and the precise repair wording matter so much to what you'll pay at exit.
Can my landlord refuse consent if I want to assign my lease?
Alienation clauses typically require landlord's consent, commonly qualified so consent is not to be unreasonably withheld. The practical battleground is conditions and delay — and the drafting you accepted at signing decides how much leverage the landlord holds.
Should I sign the lease personally or through my company?
Through the company where possible — that's what it's for. Expect the landlord to seek personal guarantees from a young company's directors; negotiate scope, caps and release triggers, or offer a rent deposit instead. Never treat the guarantee as a formality: it's the lease following you home.
Talk to a solicitor who reads contracts for a living. Call Mary Molloy Solicitors today.
Whether you are drafting terms for your business, handed a contract to sign, or unsure what a clause commits you to, an early conversation costs little and prevents a lot.
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