We provide the complete commercial debt recovery service; from outsourced early arrears collections through to expert litigation, all handled in-house by a multi-award-winning law firm.
We provide the complete commercial debt recovery service; from outsourced early arrears collections through to expert litigation, all handled in-house by a multi-award-winning law firm.
We provide the complete commercial debt recovery service; from outsourced early arrears collections through to expert litigation, all handled in-house by a multi-award-winning law firm.
Whether you are a landlord with one investment property or an estate manager with a portfolio of leased commercial and tenanted residential properties, any dispute can be stressful and time-consuming, taking you away from your primary focus.
Landlord & tenant disputes
We understand that those involved in estate management require a responsive, pro-active, and transparent service.
We have a comprehensive approach to Real Estate Management and associated litigation that enables us to develop and maintain robust working relationships with our clients. Our Dispute Resolution team work in partnership with our Property team to provide a full Real Estate Management service to suit any legal requirements related to landlord and tenant disputes. This approach gives us invaluable insight into our client’s business, making it easier to identify all the issues involved and to provide the best possible service.
We are fully committed to taking the time to understand your business, your commercial objectives, and all legal requirements that you face. Our positive attitude and personal approach enables us to provide outstanding legal assistance, taking the pressure off you and your team.
Landlord & tenant disputes
We advise both landlords and tenants in relation to all commercial lease and tenancy matters including tenant default, forfeiture and issues concerning rent and service charges, dilapidations or insolvency.
We have extensive experience in dealing with complex property litigation matters, recovery of possession, dilapidation claims, development disputes including claims for specific performance, commercial deposit scheme disputes, as well as the eviction of trespassers and travellers.
Many national and global PLCs and household names including Marston’s PLC and The National Trust regularly instruct our Dispute Resolution team, which consistently achieves top Legal 500 rankings, with many of our team members being recognised individually for their significant expertise and commitment.
Landlord & tenant disputes
To evict a tenant from a commercial property following a breach of lease (other than non-payment of rent) a landlord must first serve a notice under section 146 of the Law of Property Act 1925. The notice must specify the breach, require the leaseholder to remedy the breach, if it is capable of remedy, and require the leaseholder to pay compensation in money for the breach. Where the breach relates to non-payment of rent, a s146 notice is not required, but legal advice should still be obtained.
The Landlord and Tenant Act 1954 grants Security of Tenure to tenants who occupy premises for business purposes. The Act does not apply to all leases, so tenants should check to see whether they are protected.
If a tenant fails to pay rent, then lease forfeiture is an option. Forfeiture enables a landlord to re-enter the property, terminate the lease and, in doing so, recover possession of the property. Alternatively there are other remedies.
If a landlord alleges that a tenant of a commercial property has failed to comply with the tenant’s repair obligations under lease, they may decide to bring a dilapidation claim against the tenant to cover the losses suffered in putting right the tenant’s breaches.
A landlord can only recover costs that are reasonable or not excessive. If a tenant feels that any service charges are unreasonable, they are entitled to raise a service charge dispute. A tenant may also seek to raise a service charge dispute if the charge is not covered in the lease, the services were not necessary, or the work undertaken was not completed to a satisfactory standard, or the apportionment of the charge is unfair.
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For more information and advice on landlord and tenant disputes, please contact us on 01332 226 150 or complete the form below.
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