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Struggling with a commercial property dispute?
Let us help.

Whether you’re a landlord or tenant, navigating commercial property issues can be complex and stressful. From lease disputes to dilapidation claims, we offer expert legal support to resolve your case efficiently and effectively.

✔ Lease renewals, terminations, and disputes
✔ Rent arrears recovery and service charge disagreements
✔ Dilapidations and repair obligations
✔ Breach of covenants or forfeiture
✔ Resolving disputes around sub-letting, assignments, or alterations
✔ Trespass or unlawful occupancy

Supporting Commercial Landlords and Tenants Alike

Navigating commercial property disputes can be challenging for both property owners and those occupying the space. We prioritise early resolutions through negotiation, mediation, or arbitration to help you save time and money, avoiding the costs and stress of court action.

Commercial Property Litigation

Commercial Property Litigation

What Is Commercial Property Litigation?

Commercial Property Litigation involves resolving disputes related to the ownership, use, and management of commercial property. Whether you’re a landlord or an occupier, issues such as lease disputes, rent arrears, or repair obligations can lead to complex legal challenges requiring expert advice and resolution.

Why Is Commercial Property Litigation Important?

Commercial property disputes can have significant financial and operational consequences for both landlords and occupiers. Resolving these disputes effectively protects your legal and financial interests, ensuring that you can focus on your business operations without unnecessary disruption or cost.

What Issues Can Commercial Property Litigation Address?

  • Lease Disputes: Covering lease renewals, terminations, or breaches of lease agreements.
  • Rent Arrears: Recovering unpaid rent or defending claims related to payment disputes.
  • Dilapidations: Resolving disputes over the condition of a property at the end of a lease.
  • Service Charge Disputes: Challenging excessive or unreasonable charges or clarifying obligations.
  • Breach of Covenants: Addressing non-compliance with lease terms, such as alterations or permitted use.
  • Forfeiture and Possession: Handling termination of leases due to breaches and reclaiming property access.
  • Trespass and Unlawful Occupation: Removing unauthorised occupants or addressing squatters.
  • Subletting and Assignments: Resolving disputes over unauthorised subleases or withheld consents.
  • Development Disputes: Managing issues related to site assembly, access rights, and planning agreements.

How Can Commercial Property Disputes Be Resolved?

Disputes don’t always have to end in court. Common methods for resolving commercial property disputes include:

  • Negotiation: A direct discussion between parties to find a mutually agreeable solution.
  • Mediation: Involves a neutral third party to facilitate discussions and reach a resolution.
  • Arbitration: A formal process where a third party makes a binding decision on the dispute.
  • Litigation: When other options fail, disputes may require court action to enforce or protect legal rights.

Frequently Asked Questions

What happens if rent isn’t paid on time?

Landlords can pursue unpaid rent through legal procedures, including serving notices, negotiating payment plans, or forfeiture proceedings. Strict rules must be followed to avoid unlawful eviction claims.

Who is responsible for repairs in a commercial lease?

Responsibility for repairs is typically determined by the lease. For example, in a Full Repairing and Insuring (FRI) lease, the occupier is responsible for most repairs, while in other leases, external repairs may fall to the landlord.

What can I do if a lease renewal is refused?

Lease renewals are often protected under the Landlord and Tenant Act 1954. However, landlords can refuse renewal under specific grounds, such as redevelopment. Legal advice can clarify your position.

Can a landlord refuse consent for subletting or alterations?

Most leases require the landlord’s consent for subletting or alterations. Consent must not be unreasonably withheld. Disputes often arise over whether refusal is justified.

How do I evict squatters from my commercial property?

Landlords must apply to the court for a possession order to evict squatters. It’s illegal to forcibly remove them without following the proper legal process.

What happens if a break clause is exercised incorrectly?

Break clauses must be followed precisely, including notice periods and conditions. Failure to comply with the terms could invalidate the clause, leaving the lease in place.

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