Our Property Litigation Department provides a full range of services in relation to all issues relating to business premises. Our aim is always to try to resolve the dispute in a cost-effective manner and we have substantial experience of resolving disputes through mediation and other methods alternative to court action. Where however court action is necessary we act on behalf of our clients with vigour in order to achieve their objectives.
Commercial Landlords
Services for commercial landlords include the following:
- Termination of lease and possession of premises where this has been agreed as the best course of action in the furtherance of the client’s interests.
- Recovery of rent arrears against tenants, guarantors, sureties and previous tenants.
- To take action to bring an end to breaches of leasehold covenants, for instance in relation to the manner in which premise are being used.
- To seek compliance with repair covenants during the course of the tenancy and to recover damages for terminal dilapidations at the end of the lease.
- To represent the client in lease renewal proceedings, serving relevant notices and working closely with our Commercial Property Department in the drafting of any new leases.
- Advising on the complications of tenant insolvency/bankruptcy/administration and protecting the client’s position.
- All other aspects of landlord and tenant law including service charge disputes, insurance claims and lawful assignments.
Commercial Tenants
Services for commercial tenants include the following:
- Full advice and representation in relation to all aspects of lease renewals including court action right through to grant of new leases. In appropriate cases ensuring full compensation is received.
- Advice and representation on all aspects of dilapidation claims made against a tenant client both during the course of the tenancy and on its termination in order to ensure liability is minimised.
- Where a tenant is in financial difficulties we aim to liaise with the landlord with a view to achieving a satisfactory outcome for both parties.
- Where the landlord is in breach of its covenants under the lease or there is interference with the business as a result of the landlord’s actions, we help our tenant client to bring to an end such conduct and to recover damages for any financial losses suffered.
- Advice on risk related termination of the lease including surrender.
- Disputes arising out of landlord’s unreasonable refusal to agree to assignment of lease.
- All other aspects of landlord and tenant law including rent reviews, service charge disputes, insurance claims .
Other Areas of Commercial Property Litigation
We deal with all types of professional negligence claims arising out of property transactions or advice against both solicitors, surveyors and other professionals. The Department also represents parties in disputes arising out of property transactions where the client may be a seller, buyer or interested in some other respect. A wide range of other areas are also covered including disputes relating to rights of way, rights to park, restrictive covenants, trespass and boundary disputes and property damage claims.
If you would like to discuss our services in further detail or have an issue on which you need initial advice please contact the Head of the Department Kumer Ali in our Dock Street office on 0113 225 8811.
