Landlord & Tenant

At Fenecas Law LLP, we understand that disputes between landlords and tenants can quickly become disruptive, costly, and stressful. Commercial landlord and tenant law in Ireland is complex, and disagreements often escalate into formal legal proceedings when negotiations break down.

Our dedicated property litigation team specialises in representing both landlords and tenants in contentious situations, ensuring rights are protected, obligations are enforced, and outcomes are achieved through strategic advice and strong advocacy.

We have wide-ranging experience in disputes relating to retail, office, industrial, and mixed-use premises. Whether you are pursuing a claim or defending one, our objective is to resolve matters effectively, with a clear focus on safeguarding your commercial or investment interests.

Common Areas of Dispute

Commercial landlord and tenant disputes often arise in relation to:

Nonpayment of rent or service charges – Landlords may need to recover significant arrears, while tenants may dispute the validity of charges or their reasonableness.
Breach of lease covenants – Issues frequently arise over alterations, user clauses, insurance obligations, or failure to repair.
Dilapidations and repairing obligations – End-of-term disputes over repairs and reinstatement works can involve substantial sums and expert evidence.
Security of tenure and renewal rights – Tenants may assert statutory rights under the Landlord and Tenant (Amendment) Act 1980; landlords may rely on grounds to oppose renewal, such as redevelopment proposals.
Termination and possession claims – Landlords may seek to end leases through forfeiture or rely on break clauses, often contested by tenants.
Rent review disputes – Disagreements over market rent, index-linked reviews, or the interpretation of “upward only” clauses.
Assignment and subletting conflicts – Landlords and tenants may clash over refusal of consent or alleged breaches of alienation provisions.

Our team is skilled at assessing the relative strengths of such claims, advising on strategic settlement, and pursuing litigation where necessary.

Our Litigation Services

We provide comprehensive support across all contentious commercial landlord and tenant issues, including:

Court proceedings – We act in the Circuit Court and High Court in possession claims, injunction applications, rent and service charge recovery litigation, and complex lease disputes.
Injunctions – Advising landlords on urgent applications to restrain unlawful use, or representing tenants to protect ongoing business operations.
Statutory applications – Handling renewal proceedings under the 1980 Act, including opposed applications.
Arbitration and expert determination – Representing parties in rent review disputes where adjudication procedures are prescribed by the lease.
Mediation and settlement – Seeking cost-effective and confidential outcomes through negotiation and alternative dispute resolution where appropriate.

We understand the procedural and evidential requirements of contentious landlord and tenant cases, and we work closely with surveyors, valuers, and other property professionals to prepare robust cases.

Acting for Landlords

For landlords, disputes often involve safeguarding rental income, protecting asset value, and ensuring enforcing covenants. Our contentious services for landlords include:

Recovering rent arrears promptly through litigation or insolvency measures.
Securing possession in cases of persistent breach, insolvency, or forfeiture.
Enforcing user clauses, repair obligations, and restrictions on assignment.
Opposing statutory renewals where redevelopment is planned or where grounds exist under the 1980 Act.
Pursuing dilapidations claims at lease end to ensure full reinstatement or compensation.

We recognise that unresolved disputes can directly affect income streams and asset liquidity. Our approach balances commercial pragmatism with firm enforcement to preserve investment value.

Acting for Tenants

Tenants facing litigation may experience significant risks to business continuity. We represent tenants to:

Challenge landlord claims for rent arrears or excessive service charges.
Defend possession actions and forfeiture claims.
Assert renewal rights under Irish legislation and negotiate favourable lease terms on renewal.
Resist dilapidations claims and ensure liability is limited to what is legally required.
Protect goodwill and operational continuity where disputes threaten trading activity.

We emphasise swift, clear advice so tenants understand their position and options at the earliest stage.

Strategic Approach

Our philosophy in contentious landlord and tenant matters is to combine tenacity in litigation with an eye for commercial solutions. Litigation can be lengthy and costly. Where court is unavoidable, we act decisively—but we also explore opportunities for early resolution. The right outcome may be a negotiated settlement, a carefully structured surrender, or a binding agreement that preserves business operations.

We are pragmatic yet firm: we ensure that clients’ rights are not compromised while providing realistic assessments of risk and cost.

Why Choose Fenecas Law LLP?

Experience – Our solicitors have acted in high-value disputes involving some of Ireland’s most prominent retail and office developments.
Litigation focus – We specialise in contentious property issues and appear regularly before Irish courts and tribunals.
Commercial awareness – We understand the real-world impact of property disputes, from cash flow pressures to preserving brand reputation.
Collaborative approach – We work with valuers, engineers, and accountants to present the strongest possible case.
Resolution-driven – We aim for results that safeguard long-term business and investment objectives.
Get Expert Advice

Disputes between commercial landlords and tenants demand timely and informed legal advice. At Fenecas Law LLP, we provide the expertise and advocacy you need to protect your position and achieve a fair outcome.

If you are involved in a contentious landlord and tenant matter—whether pursuing or defending a claim—our team is here to assist. Please contact us today to discuss your case in confidence.