Issues surrounding commercial property are often difficult, involving complex lease issues and rent disputes. When a disagreement arises, it can cause major problems for a business, particularly if it concerns premises that constitute part of the value of the business.
Astute advice and efficient representation
We are commercially focused with in-depth understanding of how businesses work. We understand how damaging a land or property dispute can be.
Premises are usually a huge investment for businesses. We will explain the relevant property law and ensure we are available throughout to discuss your case with you and answer any questions you may have.
We know that managing rent arrears for a property portfolio can be time consuming and complex. Using our experience and expertise, we will act quickly on your behalf to find a resolution.
Wherever possible, we will negotiate with the other party to resolve disputes in the most efficient way. If agreement cannot be reached, we can represent you at court to enforce your rights.
Commercial property disputes
Entering into a new lease
Leasing commercial property can be complicated and we always recommend you seek independent legal advice before entering into any agreement to rent premises. Quite often, it is not immediately obvious where the problems may arise and it is not until you are in to the tenancy that tenants realise they cannot simply give notice and end the tenancy or renew it if they wish.
There are likely to be onerous clauses concerning the state of the property, which could require the tenant to pay to put the premises back to good condition. This can sometimes be the case even if the property was not in good condition when it was taken on. If you instruct us before you sign a lease, we can work though the clauses with you to minimise your exposure.
Service charge disputes
Service charges can be a cause of dispute between a landlord and tenant, particularly if there is provision to raise it exponentially. We can ensure that the service charge provision is fair and agreed in any new lease. In the event of disagreement or failure to pay in respect of any existing lease, we can advise you on the way forward.
Commercial rent arrears
When the tenant defaults with rent, there are a number of options open to the landlord. It is essential you follow the correct procedure in each situation to avoid breaching the tenant’s rights, as that could prevent you being able to recover the arrears.
Commercial rent arrears recovery (CRAR) sets out provisions for a landlord to seize goods and sell them to cover the amount of rent arrears. By taking this route a landlord is prevented from later seeking to forfeit the lease.
Alternatively, the lease will usually have provisions for re-entering the premises and terminating the lease. We can assist and advise on the available options.
This includes serving a statutory demand on the tenant, seeking payment from a guarantor, taking payment from a rent deposit (if the rent deposit deed permits this) or taking court action.
We will discuss with you the most appropriate course of action to maximise your ability to recover monies due to you.
Lease renewals of business tenancies
We can advise and represent you in respect of contentious lease renewals and lease surrender negotiations. If you wish to exercise a break option, we will explain your entitlement and liaise with your landlord, to include serving legal notice.
If you are a landowner, we can act for you in your dealings with your tenants as well as in respect of recovery of land and adverse possession claims.
Our lawyers specialising in property disputes are highly experienced in this complex area of law and will advise you on your rights and options, focusing on giving you absolute clarity at all times.
If you are involved in a land or property dispute and would like to discuss finding a way forward for your business, contact Louise Benning on +44 (0) 1923 725 017, email at email@example.com or fill in our contact form.