Commercial Property Disputes Solicitors
Commercial property disputes can be prolonged and costly. Seeking advice early from a specialist disputes lawyer can be essential to minimise any negative impact on your business.
Our experienced commercial property litigation solicitors have a wealth of experience in dealing with disputes for a range of clients from our offices across Bristol and the surrounding area in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury. We work with large property developers and investors, individual owners, and landlords and tenants regarding business occupation.
We regularly act in disputes relating to all aspects of commercial premises. In commercial property dispute matters, we can assist with ownership, easements, trespass and restrictive covenant disputes. With commercial landlord and tenant matters, we advise on terminating your business lease, seeking a business lease renewal, rent reviews, break notices and breaches of covenant.
Additionally, 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 forfeiting the lease which may include bringing a claim in the courts.
Our commercial property litigation lawyers offer pragmatic legal advice to help you protect your business interests while maintaining positive relationships with tenants and avoiding damage to your reputation.
Get in touch with our commercial property dispute solicitors in Bristol
To speak to our specialist commercial property dispute resolution lawyers, contact us on 0117 325 2929 or complete our online enquiry form.
Our commercial property litigation services
We work with both landlords and tenants of commercial property in Bristol, throughout the South West and nationwide. Our commercial property disputes team can help with a wide range of issues, helping you find the right way forward for your business.
Landlord and tenant services
Commercial property possession claims
Our commercial property litigation lawyers have expertise in advising commercial landlords and tenants on a range of possession claims, including the termination of a business lease, adverse possession, and possession from a trespasser or occupier.
Breach of covenant
Our expert team advises both landlords and tenants on breach of covenant disputes. Disputes commonly arise where one party fails to comply with a covenant within a lease; for example, an obligation to keep a premises in good repair or even to pay rent.
We can provide straightforward guidance on dealing with a breach of covenant, including where a tenant has breached the terms of their lease and the landlord wishes to claim for damages or bring the lease to an end.
Commercial lease termination and renewals
Our commercial property disputes solicitors can advise landlords and tenants on the correct procedure for applying for or responding to notices for extensions of leases or applying to terminate or renew 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.
Dilapidations claims
‘Dilapidations’ include damages or defects a property has as the result of a tenant breaching the terms of their lease. If part of the property is in disrepair, it’s important to ascertain who is responsible for the repairs; the landlord or the tenant.
Commercial dilapidation issues can be complex, however, our commercial property disputes solicitors can advise landlords and tenants on how to protect their interests as well as how to deal with a dilapidation claim, should one arise.
Repair claims
A commercial lease should clearly set out who is responsible for which repairs, not only so that both the landlord and tenant are clear on their obligations but to avoid the risk of a dilapidation claim.
Our specialist team advises landlords on including repair obligations in a commercial lease and provides expert guidance on dealing with a repair claim.
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, underletting and 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.
Forfeiture
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.
Terminating a commercial lease
If a landlord or tenant wants to terminate a commercial lease, it can be complex. Our commercial property disputes solicitors can advise you on the correct procedure for ending a commercial lease and the legal implications.
Break notices
Should the lease provide a break, either for the landlord, tenant or both, we can advise you on the correct procedures that need to be followed to bring the lease to an early end.
Rent recovery arrears
If your commercial tenant has fallen behind on rent, our expert solicitors can advise you on the various options available to recover any outstanding payments.
Commercial land disputes
If someone is encroaching on the boundaries surrounding your land, or you have a dispute about rights of way, easements or right to light, our commercial property disputes solicitors are here to advise you on the best way of defending your property.
Commercial land ownership
If you have queries regarding adverse possession (where you are occupying land which you believe to be yours but you are not registered as the owner) or land ownership, be that a dispute or entitlement to ownership, we can help.
Commercial property disputes FAQs
A solicitor has the expertise and experience to make sure the lease is fair and that both landlord and tenants are clear about their responsibilities. Commercial leases are often long and highly detailed, so it is easy for the parties to miss or misunderstand key details, making it much more likely that disputes will arise later.
While paying for a solicitor to draft or review a commercial lease may require a certain upfront cost, it can save you a significant amount of money over the lifetime of the lease by helping you to avoid unnecessary disputes later.
This will depend on the terms of your lease, in particular whether the lease is covered by the Landlord and Tenant Act 1954 or is expressly excluded from the Act.
If the lease is covered by the Act, you will usually have a statutory right to renew the lease. If you do not renew by the time the lease term ends, the lease will automatically continue on the existing terms.
If the lease is not covered by the Act, you will have no automatic right to renew, unless there is specific provision for this in the terms of the lease.
This is dependent on your lease and whether the Landlord and Tenant Act 1954. If the lease is included within the scope of the Act, possession can only be sought, at the end of the fixed term on specific grounds. If not within the Act, possession can be sought at the end of the fixed term, however the necessary provision under your lease must be met.
However, depending on the terms of the lease agreement, you may be able to immediately terminate the lease if either party is in breach of the lease. This is not straightforward and legal advice should be sought.
Where there is a breach, subject to the terms of the individual lease, there are two main ways to regain vacant possession of a commercial property:
- Peaceable re-entry: this involves you re-entering the property and excluding the tenant from it e.g. by changing the locks. This is usually the fastest, least expensive way to regain vacant possession, however, it can be problematic if the tenant is physically present in the property. This option is also not allowed where the tenant is living in any part of the property. A notice may need to be served first, therefore advice should always be sought before taking action. We can assist you with this.
- Court proceedings: if the vacant possession cannot be achieved through peaceable re-entry, you may need to initiate possession proceedings. This is usually the advisable and preferable option. We can advise you on how this process works and deal with all of the necessary documentation and court procedures.
Any service charges the tenant is liable to pay to the leaseholder should be clearly stated in the lease, this includes regular service charges e.g. for general maintenance of the property, as well as where one-off charges may be levied e.g. for necessary repairs.
To dispute a service charge, you will need to show that there has been some failing in the service provided by the landlord, or in the calculation of invoicing for the charge. As a landlord, you may need to respond to a tenant’s query in relation to service charge.
Separately, there are also statutory procedures which apply to service charge, in addition to the terms of a lease. All parties will need to ensure these procedures have been met, where applicable.
The first step in disputing a service charge is to write to your landlord or respond to your tenant explaining that you are disputing the charge and your grounds for doing so or explaining the calculation behind the charges disputed. It is normal to have your solicitor draft this for you to ensure all of the right details are included and that your legal case is clearly set out.
If this does not achieve the desired outcome, a tenant may wishto make a formal complaint. Your landlord or their agents may have a formal complaints procedure, which can often allow disputes to be resolved without the need for further action.
If you still cannot agree a solution, you may need to apply for a First Tier Tribunal (FTT) known as a Leasehold Valuation Tribunal or County Court. You will then need to attend a hearing where both sides can make their cases and the Tribunal will decide whether the service charge in question is fair or whether your complaint should be upheld. We can assist both claimants / applicants and defendants/ respondents in these types of matters.
If your lease agreement includes a break clause, allowing the lease to be terminated early, you will need to follow the terms of the break clause exactly to end the lease.
It is important to take advice from a solicitor before exercising as break clause as failing to understand exactly what is required can result in unnecessary delays and expense or missing the opportunity to break your lease.
This will entirely depend on the terms of the lease, however, it is normal for the tenant to be responsible for upkeep of the interior of the property and the landlord to be responsible for the exterior.
Our commercial property litigation expertise
We understand that every business and every dispute is unique, so we take a personal, tailored approach to working with you. We will take the time to understand the issues you are facing, your concerns and your business goals, then find the perfect solution to match your needs.
With decades of experience across the team, we offer seasoned legal expertise and a creative mindset, meaning we can find the most effective ways to resolve even the most complex and contentious commercial property disputes.
Our commercial property dispute lawyers work with businesses nationwide, providing a modern, accessible service, so you can access our legal expertise quickly and simply from wherever you are in the country.
We place a strong emphasis on good communication and are committed to providing exceptional customer service to every client. As a result, we have a very high client retention rate and over 70% of our business comes via referrals from existing clients.
Our solicitors are Lexcel accredited by the Law Society for the high standards of our client care and practice management.
Contact our commercial property disputes lawyers in Bristol
Need help resolving a property dispute affecting your business? Our team works with clients all over the UK, from our offices across Bristol and the surrounding area in Bedminster, Bishopston, Bristol city centre, Kingswood and Thornbury.
Get in touch with our specialist commercial property dispute resolution solicitors in Bristol by calling 0117 325 2929 or you can use our online enquiry form.