The dynamics of property and conveyancing law have changed dramatically in recent years, presenting challenges that demand adaptable, lateral solutions. In this market it is important to have the support of a team that doesn’t compromise on care or creativity. We provide a full range of legal services that assist our clients in the purchase, sale, development and letting of commercial property. We regularly advise on the application of Landlord and Tenant legislation and general property law issues that are inevitably bound up with commercial transactions. Working in cross-practice teams alongside the firm’s Projects, Construction and Planning & Environmental teams, we regularly play an important role in a number of large, public sector infrastructural projects.

Commercial Lettings

Our lawyers have extensive expertise in the negotiation and drafting of commercial leases in the context of retail, industrial and multi-unit commercial developments. This includes the negotiation of commercial terms relating to:

• break-clauses; 
• renewal options; 
• arrangements for the provision and management of services; 
• environmental and other forms of indemnity;
• development and fit-out arrangements;
• termination provisions; 
• restrictions on user ; and
• assignment and sub-letting provisions. 

Within specific sectors such as Alternative Energy, Philip Lee is one of the firms leading the way in the development of novel forms of leases and licences.

Landlord and Tenant rights

We regularly advise both landlords and tenants in relation to rights arising under the Landlord and Tenant Acts, including statutory rights of renewal, termination issues, compensation for improvements and limits on the application of restrictive covenants relating to alienation, user and alteration issues.

During the economic downturn, the position of both landlords and tenants has been affected substantially by comparatively high levels of corporate insolvency. Our firm acts in a large number of disputes involving the purported forfeiture of leasehold interests and the impact of forfeiture on sub-tenants. The current economic climate has also highlighted a substantial increase in the number of lending institutions demanding lease-direct and other forms of step-in agreements.

Our team has also advised extensively on the application of the Land and Conveyancing Law Reform Act, 2009, particularly those parts of the Act dealing with the requirement for mortgagee consent to sub-lettings and surrenders.

Sales and Acquisition

We regularly act for both corporate and individual clients in relation to the acquisition, development and sale of commercial properties for redevelopment as multi-unit developments. As an integrated part of this advice, we conduct a detailed due diligence of title to establish if a site is suitable for the development needs of our clients. This may involve negotiating various rights of way, wayleaves, or licences to maximise development potential.

Property Finance

Our practice regularly advises clients on the financial aspects of commercial property matters including the raising of finance secured by legal charges affected over property and the drafting of pari-passu agreements and personal and corporate guarantees. In the context of commercial leasing we also advise and draft lease direct and step-in agreements in the event of termination of the lease arrangements.