Commercial Landlord and Tenant Disputes

Commercial Landlord and Tenant Disputes

COMMERCIAL PROPERTY DISPUTES

Profits are what you, as a business owner, want to concentrate on – not the side issues that frequently arise about the property which your business owns or occupies.

When problems do occur, you need to ensure you obtain swift, practical and appropriate advice so that you can get back to concentrating on the profitability of your business.

COMMON PROBLEMS

Landlord/Tenants in breach of the terms of Lease

Given leases are generally for a long period of time, it is not unusual to query rights or obligations of either party when things happen during the relationship. Taking advice swiftly, when you become aware of an issue that requires addressing, is essential. Often, it is simply a misunderstanding but if you ignore the situation, matters will only get worse and you could be criticised for failing to do something sooner.

Outgrowing the business premises

As your business grows, you may find that your requirements change: maybe you have to consider relocating or increasing the size of your premises. If this becomes a reality, you may need legal advice on your options.

Neighbour Disputes

Even if you are the tenant of business premises, you may still have problems with your neighbours interfering with your rights. It is essential to resolve matters at an early stage to prevent any further nuisance or disruption to your business as a result of someone not accepting or respecting your rights.

Rent Issues

Whether as landlord or tenant, if there are any issues regarding failure to pay rent then communication is key to ascertain what the reason is for the arrears and whether steps need to be taken to protect your position.

Repair

Many arguments that arise between landlord and tenant concern repair to the premises. It is always imperative to seek early advice on your position when disrepair is an issue. Usually, repair will be defined in the lease but sometimes there will be a dispute about alterations made during the term, or whether there is a misunderstanding over what the landlord expects and what the tenant believes is their obligation. In addition, time limits can apply in terms of both the contractual requirements under the lease and the court rules in what and when you should take relevant steps.

We are here to guide you and ensure that you comply with all the contractual, statutory and court requirements.

Service Charges

Another issue which is frequently a cause for concern between landlords and tenants is the service charge: is it being used for items the tenant believes it should cover?  Sometimes, there are disputes over non-payment and whether refusal to pay has any legitimate reasoning behind it.

We will listen to your concerns, review your lease and advise you of the options available to you in this situation.

For any concerns you may have regarding your Commercial Property Dispute please contact Kathy Trist via email on kathy.trist@everys.co.uk  or call 01392 477983 or freephone 0800 8840 640.

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Your Everys Expert

Kathy Trist - Expertise: Mediation | Professional Negligence | Building Disputes | Landlord - Tenant Disputes | Residential Property Disputes

Kathy Trist

Partner - Litigation

Tel: 01392 848922

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