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Commercial property involves complex and expensive agreements, and disputes can arise over many issues. It is always advisable to seek legal advice as soon as disagreements occur. Often, an experienced commercial property solicitor will be able to resolve matters quickly before the matter escalates.
At Glanvilles, our property litigation team have extensive experience in dealing with a wide range of disputes relating to commercial property. We understand the importance of resolving issues without delay, and we have a strong track record of success in dealing with matters without the need for court proceedings. Where a hearing is necessary, we will put together a strong case on your behalf and provide expert legal representation.
Services offered by our commercial property disputes lawyers include the following:
Commercial tenants have the right to renew a lease upon expiry unless this right is excluded in the terms of the lease. It is important to follow the correct process in dealing with lease renewals. Failure to do so could mean that you lose certain rights. The law requires the correct form of notice to be served and strict timescales to be followed.
If your lease has expired or is due to expire within the coming year, you are recommended to seek advice about renewal now, as the process can take time.
We can deal with the service of landlord or tenant notices on your behalf and represent you in dealing with a contested lease. This could be where a landlord does not want to renew a lease or where there is a disagreement over the new terms, including the amount of rent that will be payable.
This type of dispute can generally be resolved by negotiation.
Commercial landlords and tenants cannot simply end a tenancy when they wish. Generally, a commercial rental will last until the end of the term agreed in the lease unless break clauses have been included.
Where either party wants to end a lease early, they need to ensure they have the correct legal grounds to do so or enter into negotiations to try and agree on an acceptable solution.
Where a tenant wishes to leave early, they will generally need to pay a lump sum to the landlord by way of compensation. If the landlord wants the tenant to leave, they can also offer money by way of inducement.
Where the tenant has breached the lease, and the landlord wishes to exercise their right of forfeiture, they will need to follow the correct procedure, serving a notice in some cases. A dispute may arise over whether the terms of the lease have been breached, in which case you are recommended to seek legal advice.
We can negotiate the termination of a lease on your behalf and, where a dispute has arisen, advise you of your options and the best way to proceed to achieve your desired outcome.
The covenants in a commercial lease can be breached by the landlord or the tenant. Where a tenant is alleged to have breached the terms of their lease, the landlord will need to assess whether the breach can be remedied. Notice is not generally required if the breach is in respect of failure to pay commercial rent. Otherwise, an s.146 notice under the Law of Property Act 1925 can be served, advising the tenant that the landlord wishes to forfeit the lease.
Alternatives available to the landlord include requiring the right to enter the property to carry out necessary works and recover the cost from the tenant as well as seeking damages for losses that have arisen because of the breach.
Where the tenant is not given a reasonable amount of time in which to remedy the breach, then the notice may be invalid.
Where the landlord has breached the terms of the commercial lease, for example, by failing to keep the property in good repair if required to do so, then the tenant will need to request that the breach be rectified. If the issue is not resolved, it is advisable to seek legal advice to ensure that your rights as a tenant are maintained and that the correct process is observed in requiring the landlord to comply with the terms of the lease.
Commercial service charges and rents are often the cause of disputes, particularly where a landlord has the right to increase charges.
The landlord may need to carry out expensive repairs and, unless the service charges are capped, the tenant will generally be asked to pay for these.
Disputes can be particularly likely where a landlord tries to recover substantial payments during the last year of a commercial tenancy or where the tenant has contributed to a substantial sinking fund.
Property development involves a wide range of issues that can frequently cause disagreement. Our team have extensive experience in resolving property development issues, including disagreements over the development contracts, planning, construction, title defects and trespass.
The relationship between a commercial landlord and tenant can deteriorate quickly if a dispute is not addressed as soon as it arises. There is a wide scope for disagreement where commercial property and business is involved as it is not only a complex area of law, it is also often of vital importance commercially.
We always aim to resolve disputes without delay so that both parties can focus on their commercial objectives rather than dealing with a protracted legal dispute. We will identify the key issues and work on your behalf to find an acceptable solution so that you can put a disagreement behind you as soon as possible.
Trespassing is a serious issue and should be addressed straight away as there is a risk that rights over a property could be lost if trespass is allowed to continue. Trespass can arise when commercial tenants do not leave a property after the end of the term of the lease or after the landlord has obtained a possession order.
Where squatters are in occupation, a landlord should take action to deal with them without delay. Not only can the premises be damaged, but the knowledge that squatters have been present can also make leasing a commercial property to a new tenant very difficult.
Again, it is crucial to follow the correct procedure in removing trespassers. Failure to do so could expose you to liability. We can advise you of your rights and the best way to proceed and, where appropriate, obtain an interim possession order and a possession order.
It should be noted that interim possession is not always the correct option, for example, where you wish to make a claim for damages against the trespasser or where they are a tenant who has become a trespasser by failing to leave. We can advise you of the correct process and deal with the eviction on your behalf.
Our property litigation team will always focus on your commercial interests and work quickly and proactively to protect and enforce your rights. Our advice will be clear and pragmatic, and we will aim to resolve issues by negotiation wherever possible to avoid the need for litigation. We can also guide you through the mediation process if necessary.
Our commercial property disputes lawyers offer:
When you use our residential property dispute resolution service, we promise: