Legal Services for Business
A dispute over commercial premises can create serious problems for both landlords and tenants.
For a landlord, arrears or breaches of a lease can affect the return from their property. For a tenant, a dispute can threaten the premises from which their business operates.
WSP advises commercial landlords and tenants on disputes arising from leases and occupation of commercial property.
Our existing commercial property disputes practice includes possession, property condition, business lease renewals, recovery of rent and service charges and disputes concerning assignment, subletting, alterations and change of use.
We can advise on matters including:
When a tenant breaches a lease, taking action without considering its consequences can affect the options available to you.
We can help you understand the lease, the nature of the breach and the appropriate route towards resolving it.
This can include disputes concerning rent, possession, repair, alterations or the tenant’s use and occupation of the premises.
A property dispute can interfere directly with your ability to operate your business.
If you receive a notice from your landlord, face forfeiture or disagree over rent, service charges, repairs or the terms of your lease, obtaining advice early can help protect your position.
We can review the lease and relevant correspondence and explain what options are available.
The options available to a landlord depend upon the circumstances.
Before deciding how to recover arrears, it is important to consider the lease, amount outstanding, tenant’s circumstances and intended commercial outcome.
For tenants experiencing a rent dispute, early advice may similarly create opportunities to resolve matters before the relationship deteriorates further.
Forfeiture can allow a landlord to bring a lease to an end following particular breaches, where the lease and law permit it.
This is a legally sensitive area. Landlords should obtain advice before taking steps to recover possession, and tenants facing forfeiture should seek advice promptly about their position and any remedies that may be available.
Dilapidations disputes concern the condition of premises and compliance with repair, reinstatement or other property-related obligations under a lease.
They commonly become important as a lease approaches its end.
Evidence from property professionals such as surveyors may be required alongside legal advice about the terms of the lease.
Whether a business tenant has rights to renew its lease can depend on the lease and the application of the Landlord and Tenant Act 1954.
Timing and formal notices can be particularly important.
Our wider commercial property offering already deals with both grants of leases and contracting out of the 1954 Act.
A separate dispute may arise over whether a new lease should be granted or its proposed terms.
Break clauses can create disputes where one party believes the requirements for ending the lease have been satisfied and the other does not.
The precise wording of the lease and the steps taken to operate the break will be important.
Talk to us before serving a break notice where possible, or promptly if a notice has already become disputed.
Often that is worth exploring.
Negotiation and mediation may offer routes towards settlement. More formal processes may be required in other cases.
Mediation can be used for landlord and tenant and land or property disputes.
We will consider the outcome you want, the economics of the dispute and the ongoing relationship between landlord and tenant before recommending a strategy.
Whether you are a landlord or tenant, early legal advice can make a significant difference to the options available.
Speak to WSP’s commercial property dispute solicitors in Gloucester or Stroud.
To get in touch with our Commercial Property Disputes team you can use the contact form on this page, or reach out directly by clicking here. Alternatively, you can call us on 01453 847200.
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WSP is the one-stop superstore for all your legal requirements. It is staffed with friendly, professional and expert people who are a pleasure to deal with. As a long term user of the company I always recommend WSP to all of my friends based on my own happy experience.D. Wilkins
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