Commercial Property Dispute Resolution Solicitors

Commercial property disputes are often complicated. Whether you are a landlord or a tenant, get advice early, because the wording of your lease and strict time limits can decide the outcome.

Not every dispute needs to go to court. Court cases can take a long time and cost a lot, so we look at other options first. If you think court action is likely, or you are already in a court case, we can advise you.

Unpaid rent and service charges

For business leases, what you can charge and how you must ask for it depends on your lease. We check the lease, what is owed, how the figures were worked out and whether the demand follows the lease. If the tenant disputes the amount, we advise on the best way to recover it.

Rules for homes, such as the ‘summary of rights and obligations’ that must come with a residential service charge demand, do not apply to business leases.

There is a time limit for claiming unpaid rent. It is generally six years from the date each payment was due.

Breach of Lease Obligations

Disputes can often arise when either a commercial landlord or tenant has breached the terms of one, or more, clause contained in the lease. Here are some examples of breaches:

• non-payment of rent or service charges;
• using property for a non-permitted purpose;
• failure to keep the property in repair; and
• non-consented alterations to the property.

Ending or Renewing a Lease

Our expert team is able to provide legal advice for commercial landlords or tenants on all the legal regulations that are necessary in relation to renewing a lease.

Most business tenants have the right to stay in their premises and ask for a new lease. This comes from the Landlord and Tenant Act 1954 and is called ‘security of tenure’. Some leases are ‘contracted out’ of these rights, so the first step is to check your lease.

• A landlord starts the process with a Section 25 notice.
• A tenant can start it with a Section 26 request for a new lease.

Strict dates apply to both, and mistakes can cost you the right to a new lease, so get advice early.

A landlord can only stop a tenant renewing for reasons set out in the Act. Examples are serious breaches of the lease or persistent late rent by the tenant, plans to redevelop the property, or the landlord wanting the premises for their own business. We advise landlords and tenants on the notices, the terms of a new lease, opposed renewals and court deadlines.

Dilapidation Repair Claims

Dilapidations are any repairs that should have been caried out at the end of a commercial lease. A landlord will usually appoint a surveyor to report on repairs needed when a commercial lease is terminated.

Failure to carry out these dilapidations is a breach of covenant, and damages for dilapidations often include:

• time beyond the term of the lease needed for repairs; and
• compensation for any loss of revenue during the period the premises could not be re-let to a new tenant.

Our team of commercial solicitors are able to advise you on what the next steps are in terms of repair claims, what should be priority and what fixtures and fittings may need to be replaced under a covenant to repair.

How we can help

At The Jonathan Lea Network, we have expert dispute resolution solicitors who can legally advise and help you through every step in a commercial property dispute process to ensure that your legal rights are protected and to put you in the best possible position.

If you would like legal guidance, please get in touch to organise a free 20 minute no obligation introductory call with one of the expert members of our team.