This week, the new pre-action protocol for debt claims came into force – and it’s likely to leave some business owners and managers more…
Commercial property disputes
Our experienced litigation solicitors have a wealth of experience in dealing with commercial property disputes for a range of clients. We work with large property developers and investors through to individual owners and tenants.
We regularly act in disputes relating to business lease renewals, rent reviews, break notices, breaches of covenant and insolvency. We can also advise you if you’re applying for or responding to notices for extensions, or if you’re applying to terminate them under the Landlord & Tenant Act 1954.
If your tenant is in rent arrears, we can help you to recover the sums due. This may include serving a notice or rent demand on the tenant, or bringing a claim in the courts.
As a landlord you often have to strike a fine balance between your commercial interests and the demands of your client. But commercial property disputes can be protracted and costly, so seek advice early from a specialist litigation lawyer to avoid unnecessary delays to your business.
Dilapidations + repairs
If part of the property is in disrepair, it’s important to ascertain who’s responsible for the repairs – the landlord or the tenant. Whilst we’ll advise on repairs throughout the lease, it’s most important at the end of the contract when the landlord may claim for dilapidations.
Service charge disputes
A service charge is often the subject of dispute between a commercial landlord and tenant. We’ll advise you on the operation of the charge clauses within your lease and assist in resolving any disputes that arise.
Assignments + sub-lettings
If you’re concerned about your tenant assigning the lease or sub-letting all or part of your property, we can talk you through the possible implications. We can also advise you on the circumstances in which you can withhold consent or give consent with conditions placed on the tenant.
If you’re a tenant who wants to sub-let but you’re unsure of your rights and obligations, we can help you. We’ll advise you on the steps you’ll need to take with your landlord and the conditions you may have to agree to in order to obtain their consent. We’ll also talk you through any obligations you may have after the assignment or sub-letting has taken place.
If your tenant is in breach of their obligations, it’s possible for you – as the landlord – to enter the property and forfeit the lease. However this is an area of law which is fraught with pitfalls.
We’re specialists in all issues surrounding forfeiture. We can advise you on any pre-conditions affecting the right to forfeit, rent deposits, serving notice on a commercial tenant and the possible implications of forfeiture on guarantors or sub-tenants
Should the lease provide a break, either for the landlord, client or both, we can advise you on the correct procedures that need to be followed to bring the lease to an early end.
We offer advice on the correct procedure for applying for or responding to notices for extensions of leases or applying to terminate them under the Landlord and Tenant Act 1954. Security of tenure is a key issue in commercial property and early advice is crucial in ensuring the best outcome.