Commercial FAQ

Commercial FAQ

Radios – This clause in the Lease is to stop noise pollution but if a radio is at the same volume as someone in your office having a normal conversation there is no reason not to have one – 11, p.5

Electricity – The Lease allows for ordinary office use, one computer per desk space / 75 sq.ft and a few chargers etc. Additional equipment like electrical heaters / air conditioners / dehumidifiers / servers / fans etc. are billed separately – 21.e, p.5

Rent – Yes a monthly Term means the Rent can go up with just one months notice, but our business relies on happy customers. If Rents ever do increase it is only to the current market rate and stays competitive. We want you to stay with us! – 6, p.5

Late fees – All Rents are due by standing order on the 1st of each month. If Rents are received after the 1st day of each calendar month a late fee is automatically applied by our accounting system to the Tenant’s account – 3.g, p.4

Maintenance – We’re happy to do any maintenance you need, but if the damage is reported by the qualified tradesman as being caused by the Tenant, the bill is sent to the Tenant directly by the contractor -18, p.5

Security – Be vigilant, keep back and front doors closed and report any suspicious activity to the onsite manager or the Gardaí. Never allow unknown people into the building.

Read the Lease fully – Read the Lease before signing it so that you know both your responsibilities and the Landlord’s responsibilities.

Our broadband is a back-up – All internet connections have some down-time so we encourage heavily internet reliant companies to think about getting their own primary supply.

Cables – We don’t supply data cables, printer cables etc.

Heating – The Safety, Health and Welfare at Work (General Application) Regulations 2007 allow for a minimum office temperature of 17.5 degrees. Surcharges apply for extra heating from additional heaters. If you suspect the temperature is too low our staff have thermometers onsite. There are surcharges for additional heating so our advice is wear a jumper!


What are my rights? Workplace regulations

19 November 2015, Irish Independent

I Have a question about my health and my working conditions. Is it legal for an employer to expect employees to work in a shop – a normal city centre retailer – with the door open when it’s below freezing outside?

On these days it’s really cold in the shop as the heating system doesn’t work properly and I’ve lost count of the amount of colds I’ve had this winter.

ANSWER: This year saw the coldest start to winter on record and employers have an obligation to provide employees with a safe and comfortable workplace at all times.

Under Irish health and safety legislation the range of temperature that is considered acceptable for indoor workers goes from 16°C to 17.5°C.

The differences in temperatures are down to the different classifications of indoor work.

The Safety, Health and Welfare at Work (General Application) Regulations 2007 covers the issue of minimum temperatures in the workplace.

There are pretty severe sanctions if employers breach the welfare at work regulations. If there’s a breach of these it means your boss is committing an offence under the 2005 Act, and could be liable on summary conviction to a fine not exceeding €3,000 and/or up to six months’ imprisonment.

Alternatively, if convicted on indictment, an employer could be liable to a fine of up to €3m and/or imprisonment for up to two years.

You write about unacceptably cold conditions in your workplace. The relevant section that will help you is Regulation 7 of the 2007 Regulations.

Regulation 7 imposes a duty on employers to ensure that during working hours the room temperature in areas containing workstations is appropriate for people, having regard to the working methods being used and the physical demands on the employees.

If the office work is stationary, employers must ensure that a minimum temperature of 17.5°C is achieved and maintained at every workstation after the first hour’s work.

For other sedentary work, an employer must ensure that at every work station where a substantial proportion of the work does not involve serious physical effort, a minimum temperature of 16°C is, so far as is reasonably practicable,maintained after the first hour’s work.

Under the law your employer even has to provide a thermometer to measure the work place temperature! Workers are entitled to have some means available to measure the temperature in any workplace inside a building.

The Health and Safety Authority Guide to the 2007 Regulations (the HSA Guide) states that in cases where it is difficult to maintain an adequate overall temperature, it may be necessary to provide extra heating or protective clothing at workstations.

Health and Safety Authority inspectors carry out around 16,000 inspections a year and have the power to enter any premises that is being used as a workplace and ensure employers are compliant with health, safety and welfare legislation.

Mary Kirwan is a barrister. Email her your queries at mkirwan@independent.ie