Commercial Landlord and Tenant

Our Property Disputes Team has a wide range of experience in both contentious and non-contentious commercial property issues. We strongly believe business tenancy renewals, dilapidations and the exercise of break options should be dealt with on an early review basis to identify and to minimise problems which can arise. We always approach matters tactically to help our clients achieve their aims in relation to the property they either own or occupy in a cost effective way.

We act for both landlords and tenants on issues including:

  • Business Tenancy Renewals: Advising on both opposed and unopposed business lease renewals, including tactical issues relating to the service and drafting of statutory notices. We regularly advise both landlords and tenants on the possible grounds a landlord may have for opposing a renewal, and preparing all stages of a case through to mediation or court trial.
  • Dilapidations: Advising landlords and tenants on bringing and responding to dilapidations claims. We work closely with our clients’ surveyors on the interpretation of repairing obligations, the recoverability of items listed in schedules and claims where damages are limited to the diminution in value of the property. We will also advise you on the quality and contents of expert evidence.
  • Alienation and Change of Use: Advising clients on making and responding to applications for consent to assign, underlet and in respect of change of use including issues in relation to the entitlement to require guarantors and the enforceability of those guarantees.
  • Exercise of Break Options: Advising on all issues surrounding the exercise of break options including preparing and serving notices effectively and advising on compliance with conditions attached to the break option.
  • Possession Claims: Handling a range of claims for possession of property from tenants at will, leaseholders and trespassers and advise on claims for damages for use and occupation.
  • Claims against Guarantors: Advising all parties on pursuing the guarantors of a defaulting tenant including dealing with the service of necessary notices, advice in relation to the effect of outstanding rent reviews and dilapidations and the entitlement to an overriding lease. Read our Newsflash: Good Harvest II
  • Rent and Service Charge Disputes: Advising on the recovery of rent arrears, the ability of tenants to withhold rent where they consider a landlord is in breach of covenant and on the extent of the landlord’s right to recover sums through the service charge.
  • Rent Reviews: Advising on the legal issues arising during rent review negotiations and handle the referral of disputed reviews to arbitration.

Portfolio Management: We make specific arrangements with institutional landlords and property investors to deal with all issues arising on a property portfolio and provide bespoke quotes for this type of work.

If you would like to know more, please contact Vanessa Joll, Head of Property Disputes, by emailing Vanessa or by calling her on 08450 990045, or speak to your usual contact in the Property Disputes Team.