Commercial Property Disputes

Acting on behalf of a tenant in respect of its multimillion-pound rental portfolio which includes advising on all disputes such a commercial lease renewals, dilapidations, break notices and rights of way issues.

Examples of the lease renewal work includes advising on the validity of section 25 notices that are received, drafting, and serving section 26 notices requesting a new lease, agreeing extensions to the statutory period whilst the terms of a new lease are being negotiating, issuing claims for lease renewals and defending hostile lease renewal claims.

In relation to break notices, we draft and serve the notices, advise on break conditions to ensure that the lease terminates on the break date and provide advice on handing back the property. Following termination of the lease we advise our client on any dilapidations claim that may be received including defending them in Court proceedings and/or documenting a settlement.

Acting on behalf of tenant of an industrial estate in Manchester. The tenant wanted to execute a break right in their lease to bring it to an end early.

We prepared and served the break notice on their behalf.

There were various conditions attached to the break including ensuring the rent was paid, that the property was given back free of the tenant’s occupation and the occupation of any other lawful occupier and that they had paid the sum of £50,000.

We advised them on the break conditions and defended their position regarding the interpretation of the break conditions which were contentious because the landlord intended to let the property to a new tenant and required various items to be left in the property.

We provided advice to ensure that the break conditions were not impacted by this and the break was successfully operated.

Thereafter, we advised on a dilapidations claim worth in excess of £750,000 and involved issues concerning historic alterations that had been made to the property.

The matter was successfully settled for significantly less that the landlord’s original claim.

Advising a client on a dispute about payments due under an Overage Agreement and whether one of the conditions that triggered payment had been satisfied.

The payment that was due to the client was in excess of £1,000,000 and was heavily contested by the other side who had a different interpretation of the Overage Agreement.

Proceedings were issued and the matter was successfully resolved between the parties.

We advised a client on their options when a tenant failed to pay rent for their commercial property.

The client chose to forfeit the lease. We advised the client on their right to forfeit, ensured the right had not been waived by any steps they had taken since the tenant breached the lease and instructed and liaised with the bailiff to change the locks on the premises.

Thereafter, the tenant made a relief from forfeiture application that was issued a Court.

We advised the client on the application that had been made and the prospects of the tenant obtaining relief.

We responded to the application and consented to it on the basis all the arrears of rent and landlord’s costs were paid in full. This issue was successfully resolved for the client.