What is a Break Clause and Who Can Exercise Them?
Commercial property leases come with their fair share of complexities, and one crucial aspect that often requires special attention is the “break clause”. Whether you are a tenant looking for...
Commercial Property Solicitors
Commercial property is a valuable commodity, whether you are an owner, investor or tenant. Where disputes arise over commercial property, they can be complicated, and the stakes are often substantial. It is therefore prudent to seek expert legal advice as soon as possible.
At WSP Solicitors, we have many years of experience helping clients to navigate all manner of commercial property disputes. We can provide early strategic advice on your rights and the outcomes you might realistically expect to achieve, then support you in taking whatever action is required.
Your priorities will be at the heart of our approach, so whatever you need to achieve and whatever specific concerns you may have, we can provide tailored legal advice and support to get you the best possible outcome in a way that works for you.
Our commercial property dispute resolution experts can advise on matters including:
To discuss a commercial property dispute with our expert team, please contact your local WSP Solicitors office in Gloucester or Stroud or use the enquiry form on the right.
If you have a quick question or would like to request a call back, you can also use our quick online enquiry form.
Commercial property law tends to be highly complicated, with key documents such as leases often being long and covering many different legal concepts. It is therefore strongly advised to get expert legal advice as soon as a potential dispute arises (or you think there is a risk of a dispute) to make sure you are clear about your own rights.
Our commercial property disputes solicitors can quickly assess the situation and advise you on where you stand. We can then talk you through the possible outcomes of the dispute and what steps you can take to pursue the outcome you desire.
Most commercial property disputes can be resolved at an early stage with the right expert intervention. Our team can assist with options including:
Letters before action – Setting out the facts of the dispute as you see them, any relevant contracts and legislation, the outcome you would like to see and a date by which you are seeking a response. In many cases, this is all that is needed to secure a swift resolution.
Private negotiations – We can support you in negotiations with the other party or parties involved, either working with them directly, yourself or with our team negotiating on your behalf.
Alternative dispute resolution – Many commercial property disputes are resolved through methods such as mediation and arbitration, which can allow you to swiftly find a way forward without the need for court proceedings. This can save you a lot of time, money and the potential for negative publicity.
Our commercial property disputes team can assist with all of these options, giving you the best chance of securing an early resolution.
Sadly, in some cases, court proceedings may be necessary to defend your rights and make sure you achieve an acceptable outcome. If this approach is required, we can work closely with you to prepare a strong case and make sure you have expert representation for any hearings that take place.
Typical right of way disputes includes where there are questions over whether a right of way exists or where a business is being denied access to a right of way or having that access limited, e.g. by the installation of a locked gate.
Boundary disputes are very common as the property deeds normally do not contain detailed guidance on exactly where boundaries lie. Disputes often arise over issues such as where fences and walls have been placed or where new buildings or extensions to an existing property have been constructed.
Party walls are those that sit on a boundary between two properties. Common party wall disputes include where a wall is being rebuilt or altered, or any other work is being undertaken by the party on one side of the wall that may affect the party on the other side.
Disputes over the termination or a lease can occur whether either the landlord or tenant wishes to exit the lease before the stated end date. In some cases, an early exit can be negotiated, but in other situations, legal action may be needed. Landlords wishing to regain vacant possession of their premises must follow a strict legal process, or they could find themselves facing legal action by their tenants.
Both landlords and tenants will usually have obligations with respect to maintaining a building being leased. If either party believes the other is not meeting those obligations, they may potentially have grounds for legal action.
Renewing the lease on a commercial property is rarely contentious, but even where the situation is amicable, it is still strongly recommended to seek expert legal advice. This helps to ensure you get the best possible terms. Where the renewal is contested by either party, then legal support is essential.
Property development is a major investment with the potential for significant returns. Any issues that potentially impact that investment must be dealt with swiftly. Common issues that can arise include problems with the term of a development agreement and whether these have been met, as well as issues around site assembly, i.e. gaining ownership of different pieces of land and stitching them together to create the required development site.
Non-payment of rent is a major issue for landlords, and it is important to be able to resolve this as quickly and cost-effectively as possible. Conversely, tenants may have the right to recover rent or service charges if their landlord is not meeting their obligations under the terms of their tenancy.
Tenants’ rights to assign their lease (transfer it to another party), sublet the property (or part of it), change the property’s use or make alterations to it are all common sources of disputes. A lease should normally cover what these rights are, although these matters can also be privately negotiated outside the scope of the lease (in which case, any agreement should be recorded in writing).
Our commercial property dispute resolution solicitors have many years of experience assisting clients in a wide range of scenarios. As a result, we can provide clear, practical advice based on what we know works in situations like yours.
Every step of the way, we will be there offering sensible advice and reassurance about how matters are progressing and what you can expect to happen next. We believe in building long-term relationships with our clients, so providing exceptional service is at the forefront of everything we do.
The cost of dealing with a commercial property dispute must be factored in from the outset to make sure you do not end up spending more than the value of the outcome you are seeking. We will give a transparent quote at the outset of the likely costs involved, then keep you regularly updated and ensure all expenditure is agreed upon in advance.
To discuss a commercial property dispute with our expert team, please contact your local WSP Solicitors office in Gloucester or Stroud or use the enquiry form on the right.
If you have a quick question or would like to request a call back, you can also use our quick online enquiry form.
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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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