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, particularly if you are a defendant to Court proceedings. 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.
We recognise that disputes can be a huge distraction from your business and that the legal answer does not always provide the best outcome to the dispute. We assess each matter on its own facts and will outline all of your options and advise you on the best course of action depending upon the objective you want to achieve.
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.
Our team of experts are happy to discuss your situation in a no-obligation and free consultation.
We regularly act for tenants of commercial properties when they either want to renew a lease of commercial premises or want to contest a landlord’s opposition to a renewal lease application 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 and we have a wealth of experience and can guide you through the process, serve the statutory notices and issue the Court proceedings.
We will work alongside our Real Estate Team who will negotiate and draft the renewal lease on your behalf.
If your landlord serves a section 146 notice or forfeits your lease by changing the locks then this will have a dramatic impact on your business. We can advise you as to whether the forfeiture was lawful and can make an application on your behalf for Relief from Forfeiture and any damages claim.
If you no longer want to continue with the lease then we can advise you on the options available to you to exit the lease and vacate the premises. It may be that you can negotiate a surrender of the lease, exercise a break notice or that you sublet the property or assign the lease to a third party.
A landlord can bring a terminal dilapidation claim at the end of the lease for any breaches of the repairing obligations. We can advise you in relation to the claim, defend it and negotiate a settlement on your behalf.
It is not the case that a landlord can simply recover the cost of the repair works. There are many more aspects to a dilapidation claim and we can advise you on any claim that is made and the options available to you to reduce your liability to the landlord.
We can also advise you on any claims the landlord brings during the term for example, by serving a Notice to Repair and discuss the options available to you.
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 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.
We regularly deal with applications for consent and can guide you through the application process, the responsibilities that the law places on you and advise you on the options available to you if your landlord unreasonable withholds consent.
The landlord normally covenants with you to provide quiet enjoyment to the property. If the landlord breaches this covenant then you will have a claim against the landlord and will be able to recover any losses you have suffered. We recognise that these claims can be urgent and require injunctive relief and we have great experience of dealing with these matters.
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.
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
Our client is the tenant of a commercial premises that it occupies as a restaurant.
We advised our client in relation to a renewal lease for the premises that they were occupying for the purpose of their business which was trading as a restaurant. Our client had been served with a section 25 notice from their landlord stating that they would grant a new lease but on different terms.
Our client is a tenant of a commercial property and works in the telecommunications sector.
Our client is the leasehold owner of a property in Altrincham. The roof at the property was leaking and the landlord attempted to repair it on a number of occasions. The landlord sought to argue that the roof was passed its life time and needs new cladding. The landlord wanted to charge our client for this via the service charge.
The advice involved a careful consideration of the contractual provision in the lease and the difference between what amounts to repair, maintenance, renewal and improvement and ascertaining what the works amount to and what can be recharged to our client.
We advised our client as to a strategy about how to ensure that the roof is repaired whilst limited its liability to the landlord in relation to the cost of the works.
Our client is a tenant of commercial properties.
Our client is the tenant of the basement and ground floor commercial areas of a building. Above are residential apartments.
The landlord of the building has failed to provide the services and carry out repair works that are set out in the lease of the residential apartments.
The tenants of the residential apartments applied to the First Tier Property Tribunal and secured a management order for a third-party company to “step in” and take over from the obligations and responsibilities of the landlord. The order was time-limited.
The third-party company commenced a S.20 consultation before the time-limited management order expired but concluded it and have raised service charge demands of the tenants after the management order expired.
The works which the third-party company are proposing are substantial and the sums demanded of our client are significant. The third-party company has commenced the works.
We have advised our client in respect of the issues which the Third-party company faces given the expiry of the “management order”.
Our client is the tenant of a significant number of commercial properties.
Our client is the tenant of a property in Ealing, Middlesex. They had a break option in their lease that they wanted to exercise as they had found an alternative unit elsewhere to move to. We had to prepare and serve the break notice on the landlord, who was in the Seychelles. We also advised our client on the break conditions.
Our client is the tenant of a commercial property that it occupies as a coffee house.
Our client has a lease of a commercial property that it uses to run its business, a coffee house. Our client wanted to bring the lease to an end early by exercising the break option. We drafted and served the break notice.
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