Call +44(0)161 941 4000
Call +44(0)161 941 4000
At Myerson, we understand that you do not want to be embroiled in costly and lengthy litigation and aim to resolve disputes as quickly as possible. There are instances where you have no option other than to proceed through the Court process if immediate action is required to protect your investment.
If you find yourself in this situation then our experts have a wealth of experience and will be able to guide you through the process and fight your corner for you to protect your investment.
Myerson has a team of experts from across our contentious and non-contentious departments who work together to ensure that the approach to the dispute is the best for each client.
We regularly act for landlords of commercial properties when they either want to renew a lease of commercial premises or want to oppose a renewal lease because, for example, they want to redevelop the property.
The Landlord and Tenant Act 1954 sets out a clear procedure that is to be followed which involves serving notice and potentially issuing Court proceedings. We have a wealth of experience and can guide you through the process.
We will also work alongside our transaction colleagues in the Real Estate Team who will draft and negotiate the terms of the renewal lease on your behalf.
If your tenant is in breach of the terms of the lease then you may want to forfeit the lease. You need to ensure that you do this lawfully and have not waived your right to forfeit the lease as this would allow the tenant to bring a damages claim against you.
We regularly advise landlords on forfeiting a lease either by peaceable re-entry or by serving a section 146 notice and issuing Court proceedings. We also have experience of dealing with Relief from Forfeiture applications and can advise you on all your options should the tenant make this application.
If your tenant fails to pay the rent to you then we understand that you will want to act promptly to recover the arrears. We have contacts with local bailiffs who we can instruct to attend the property and recover the arrears of rent.
We recognise that as a landlord it is important to protect your investment and ensure that it is kept in repair.
A dilapidations claim crystallises at the end of the lease and we can advise you on your options and prepare and negotiate a settlement for you. We can also advise you on remedies that you can use during the term to ensure that your investments are kept in repair and to maximise the amount you can recover from your tenant.
It is common for tenants to breach the terms of the lease and we regularly advise landlords of commercial properties on the multitude of options that are available to them to remedy the breach and ensure compliance with the terms of the lease going forwards.
Leases can contain landlord or tenant break options. We have experience of preparing and serving the break notices as well as advising on the validity of the notices. Failure to effectively serve a break notice will mean that the lease will continue and can have significant consequences for the landlord or tenant.
The lease may state that the landlord’s consent is required, for example, to assign the lease to a third party. In this situation, the law places certain responsibilities on the landlord and legal advice should be sought on any applications that are made by the tenant.
We regularly deal with applications for consent and can guide you through the process, the responsibilities that the law places on you and the options available to you.
If a tenant goes into insolvency then as a landlord, you will want to know what position it leaves you in. We regularly advise on all types of insolvency including liquidation and administration. We can also advise you on enforcement options under guarantees and if a guarantor requests an overriding lease.
We can advise you on the rent review procedures contained in your lease and the process that needs to take place to effect and record a rent review. Some rent reviews have triggers that involve serving notices. We can guide you through the process and correctly document any review that has taken place. We can also fight your corner if there is any dispute about the rent review.
If you are considering making a disposal of your interest in a building that contains residential flats then by law you must offer it to the tenants before offering it on the open market. Failure to do so is a criminal offence.
We regularly advise landlords in relation to their obligations and can guide you through the process which will initially involve serving notices on the tenants.
Commercial landlord and tenant disputes can be dealt with in a variety of ways depending upon the dispute that has arisen and the relationship between the parties.
Some disputes will involve injunctive relief whereas other disputes may be better dealt with by some initial correspondence and a negotiated settlement.
We assess each matter on its own facts and will outline all of you on all your options and advise you on the best course of action depending upon the objective you want to achieve.
Myerson’s Real Estate Litigation team are experts at commercial landlord disputes. We have a wide range of experience in these cases and can help you to understand your options and guide you through the process.
Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.
Seán is a Partner and Head of our Property Litigation department
Laura is a Partner in the Property Litigation department
Karen is a Senior Associate in our Property Litigation department
Jennifer is a Solicitor in our Property Litigation department.
Vikki is a Trainee Solicitor within our Property Litigation department
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