Commercial Property Disputes

Commercial Landlord and Tenant Disputes

Advising on disputes arising out of commercial leases, including breaches of lease, forfeiture/possession claims, rent arrears, service charges, withholding of consents to assign/alterations, break clauses, rent deposits.  We will review the lease and relevant documents at the outset to understand your position, identify any risks and advise you on your options.

Break Clauses

Advising on the validity of and exercising break options, including compliance with conditions and tactical considerations.  We will review the lease terms and any proposed steps to ensure compliance with the break conditions, identifying any risks at an early stage.  We can then prepare and serve the break notice or review a break notice if you are a landlord.

Withholding or unreasonably delaying consents

Acting for both landlords and tenants in such applications, risk management, tactical strategies and enforcement.   We will review the lease to determine your rights and obligations, advise on whether consent has been unreasonably withheld or delayed and take the appropriate steps to resolve the issue, including formal action where necessary.

Dilapidations Claims

Acting for landlords and tenants on dilapidations disputes, typically at the end of a lease.  We will review the lease and any schedules or reports, assess your potential liability or recovery and advise on the strength of your position. We will handle negotiations on your behalf alongside your expert surveyor and work towards a settlement that reflects the commercial reality, while preparing to take or defend formal action if required.

Forfeiture and Enforcement

Acting for landlords on forfeiture, peaceable re-entry, torts and interference with goods and enforcement of lease obligations and advising tenants on relief and risk management.  We will advise on whether forfeiture is available, the risks involved and the appropriate method of enforcement.

Service Charge Disputes

Supporting landlords and tenants in disputes over commercial service charges, recoverability of costs and limits of expenditure.  We will analyse the lease provisions and supporting documentation to determine whether costs are recoverable.  We will then advise on your prospects and deal with the dispute, whether through negotiation, formal challenge or proceedings, keeping costs and proportionality under review.

Landlord and Tenant Act 1954

Advising on section 25 and 26 notices, redevelopment issues, negotiating and settling lease renewals under this legislation, including dealing with court proceedings where necessary.  We will guide you through the statutory process, ensure notices are correctly prepared and served, and manage negotiations with your surveyor. Where agreement cannot be reached, we will represent you in proceedings to determine the terms of the new lease.