Disputes with your landlord, or with your tenant, regarding a commercial lease can be a complicated matter, particularly given the current commercial climate. Our commercial litigation solicitors work closely with our commercial property solicitors to ensure that all angles are covered in your dispute. Even if we did not advise you when you agreed to your lease, we will be able to help.
Lead by our Litigation Partner Diane Cairney, we are instructed by both commercial landlords and commercial tenants in a wide range of disputes. Examples include:-
We regularly act for a wide variety of entities, from pension trusts, international clothes retailers, hot food takeaways, sole traders and members’ associations. We can look at a problem from both the landlord’s and the tenant’s position, and provide you with tailored, cost-effective advice.
Commercial landlords will want to ensure that their property is kept in good condition and that the commercial tenant pays its rent and adheres to the other terms of the lease. We can help to safeguard your investment by, for example, advising on the implications of breaches of the lease and the service of interim schedules of dilapidation.
If the tenant is not paying its rent, we can advise you on the most cost-effective course of action, and in some situations can help you to take proactive steps, such as seizing money in your tenant’s bank account, without even having to raise a court action.
You may simply want to evict your commercial tenant, in which case we can advise you on the fastest and most cost-effective court process, whilst at the same time attempt to negotiate your tenant’s exit for you.
Commercial tenants will want to ensure that their rights under the lease are enforced, and that they are not paying any more than they have to. We can help you to keep your costs down by advising on, for instance, whose responsibility disputed repairs are. Working closely with surveyors, we can help to minimise any liability for dilapidations that your landlord may be pursuing you for.
If your commercial landlord is in breach of your lease we can advise on your options and help to ensure that your rights are protected.
Sometimes a commercial landlord will decide that it wants you out of its property, and may have served pre-irritancy notices on you. Sometimes tenants can pay a substantial premium before they are granted a lease, and may have built up a strong presence in the premises from which they trade. We can help to ensure that you stay in the leased premises, for instance by advising on the most cost-effective way to remedy a breach.
It may be that you wish to transfer your lease to another person or company, or sub-let, and the landlord will not agree. We can advise you on what your rights are, and can assist with a court action to compel the landlord to agree.
There are certain tenants who are entitled to extra protection under statute, which may mean that your landlord cannot evict you. We can advise you on this complicated and time-critical area of law.