Commercial Property Services

| Breaches of a commercial lease

Commercial leases contain a wide range of obligations on the part of both landlords and tenants. When the terms of a lease are breached, it is important to act quickly. Failure to do so could be classed as acceptance of the situation and could make it difficult to enforce matters.

We deal with all types of commercial lease breaches, including non-payment of service charges, nuisance claims and failure to seek consent for alterations.

If the terms of your commercial lease have not been observed, speak to us today and we will advise on the best way to deal with the situation to resolve matters without delay.

For more information, see our page on breaches of a commercial lease

| Commercial rent arrears

As a landlord, you need to tackle rent arrears as soon as possible to ensure you have the funds you need for outgoings relating to the property.

We routinely represent commercial landlords in recovering rent arrears, including by pursuing the tenant or any guarantor there may be, making a court claim and by using the Commercial Rent Arrears Recovery process, or CRAR.

Where necessary, we can also advise on forfeiture of the lease and taking back the property.

For more information, see our commercial rent arrears page.

| Commercial nuisance claims

If you are experiencing problems with the occupier of a neighbouring property, you may need to take legal action to deal with this.

Our commercial nuisance solicitors can advise you of your rights and discuss the best approach to tackle the situation effectively before matters escalate.

We also represent landlords and tenants who may be facing nuisance claims over something that has happened at their premises.

To see how we can help, go to our commercial nuisance claims page.

| Dilapidations

Disputes over dilapidations can be complex and potentially expensive. Identifying what condition the property should be in and who is responsible for payment for works is not always straightforward.

We have expert dilapidations solicitors who can give you an honest assessment of your position and recommend the best course of action.

This will depend on whether the tenant is still leasing the property or whether they have left. We can require them to carry out remedial works where necessary or, if they have vacated, pursue them to recover your losses as a landlord.

We also represent tenants who are facing unwarranted dilapidations claims.

For more information, see our dilapidations page.

| Commercial lease termination disputes

As a landlord, you may want to terminate a commercial lease and take back control of your property. Our team can advise you of your rights and the best way of achieving forfeiture.

We can oppose lease renewal requests where appropriate and make possession claims if a property is not handed back when it should be.

We also deal with disputes during and after the termination process, including in respect of the procedure used, whether break clauses have been correctly applied and the surrender of a property.

As well as representing landlords, we also act for tenants in lease termination matters.

To find out more about how we can help, see our commercial lease termination disputes page.

| Rent and service charge recovery

It is crucial that landlords collect rent and service charge without delay to ensure adequate cash flow. If your tenant is in arrears of rent or service charge, we can take immediate action to recover them.

Service charges are often the subject of disagreement and where necessary we can work to justify the amount charged and take steps to recover overdue payments.

| Forfeiture of a commercial lease

In some circumstances, a landlord may need to take back possession of commercial premises, including when the terms of the lease have been breached. This may be by peaceable re-entry or by asking the court for a possession order.

We can advise you of the best course of action and represent you in securing possession, to include going through the correct legal process, such as issuing a section 146 notice under the Law of Property Act 1925.

We also represent tenants who are facing possession proceedings, including unlawful possession claims.

| Right of way disputes

Right of way disputes involving commercial premises can cause difficulties for landlords and business owners and need to be dealt with promptly and with care not to escalate the situation.

We can advise you of your rights and work to resolve the situation out of court, avoiding lengthy legal proceedings.

| Breaches of restrictive covenants

Landlords and tenants have the right to rely on the restrictive covenants contained in the lease. Where these are breached, you should speak to a solicitor straightaway to ensure that the right action is taken. Failure to enforce restrictive covenants may make matters more complicated in the long-term.

We can represent you in enforcing the terms of your lease, to include securing an injunction or forfeiture where appropriate.

| Adverse possession

We advise on adverse possession claims, to include representing those in possession as well as landlords with squatters or occupiers in their property.

This can be a difficult situation and it is important to speak to an expert before taking action to ensure you understand both your rights and those of the other party, as making mistakes may be costly.

| Professional negligence

We also have a team of professional negligence specialists who can advise you if you have suffered a financial loss as a result of negligence by a professional, such as a surveyor or solicitor.

For more information in respect of our services, see our professional negligence page.

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