Property Litigation » Commercial Property Disputes

It is often the case that commercial property disputes arise, whether between landlords and tenants or between landlords and squatters.  As commercial property relationships are often lengthy ones, these disputes unfortunately arise more often than not.

Our clients range from large developers with commercial property portfolios to individual tenants, and we pride ourselves on tailoring our advice to each client’s business needs, in terms of costs and timely resolution.

Our clients range from institutional investor landlords to property developers, business tenants and private individuals.  Below are some of the things we typically advise upon.

Forfeiture – We advise clients on whether, in the case of tenants having breached a term of their lease, the landlord has the option of exercising its right to forfeiture, the limitations on that right, and practical issues in relation to peaceable re-entry and recovering physical possession.  We also help defend claims of forfeiture for tenants seeking to protect their investments, particularly in relation to long leases.

Dilapidations

Overage and construction disputes – We advise developers and landowners on overage provisions, restrictive covenants and building disputes, and our pragmatic commercial approach ensures that our advice is always outcome-focused rather than being led unnecessarily towards litigation.

Break notices and voluntary possession – At the end of a lease term, it is important for tenants to ensure they account for their liability as accurately as they can, and in a difficult market it is important for a landlord to ensure it can cover as much of its losses as possible.  Our Property Litigation team is on hand to act in either scenario and to ensure either that tenants do not face unexpected rent increases or that the term continues and thus maximises income for the landlord.

Rent arrears – Our team has many years’ experience of advising clients on how to recover rent arrears, and the best method of doing that, whether against guarantors, tenants or assignees.  We pride ourselves on giving the most cost-effective method of recovery for landlords, often advising on parallel procedures to exert the maximum pressure on a defaulting tenant.

Lease renewal process and proceedings

Trespass and squatters – More and more often, trespassers and occupiers are appearing in both commercial and residential properties across the country, especially in London.  Our experienced team is able to react quickly to evict would-be squatters and trespassers in order to recover possession of the property and prevent large and generally unrecoverable losses from being incurred.

Rent review arbitration – We can advise you on the process that needs to be followed, put you in touch with excellent surveyors and, if necessary, represent you in any subsequent arbitration to obtain the lowest possible increases.

Strategic land and portfolio advice We advise clients on restructuring their property portfolios and streamlining liability.

We are often able to resolve a dispute without the need to litigate, and we pride ourselves on offering quick and commercially-astute advice to bring an end to any dispute.

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