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Commercial Property Disputes

Our property dispute team are able to offer and provide advice and assistance to landlords and tenants across a multitude of commercial property matters.

Exercising a Break Clause    

Whether you are a landlord or a tenant, expert advice should be sought in relation to the exercise of a break clause. The implications of failing to attend to the exercise in the prescribed manner can be catastrophic to business interests.

We can support with interpreting the break clause and then drafting and serving the requisite notice. We can also advise as to whether the break notice you have received is valid.

Commercial Lease Breaches

There are several methods of enforcement in relation to breaches of covenant and commercial rent arrears. We will take a commercial and pragmatic approach to the best way of enforcing the covenants and recovering the sums due, taking on board cost implications. Conversely, we act for tenants in defending breach of covenant claims and disputing excessive rent increases and service charges.

Dilapidation Claims

A dilapidation claim can be brought by the landlord either during or at the expiry of the term. The claim will relate to the tenant's apparent failure to maintain and repair the property in accordance with the Lease provisions. This is the main area of dispute in relation to commercial Leases. The sums involved can be significant in comparison to the rent and, as such, expert advice should be sought. Whether we are acting for the landlord or the tenant in seeking to settle a dilapidation claim we will work closely with your surveyor to achieve the best possible result.

Forfeiture

Leases usually contain forfeiture provisions which enable the landlord to recover possession of the property where there has been a breach of covenant, where there are rent arrears or where certain insolvency events occur following the expiration of a short notice period. It is quite possible for the landlord to inadvertently waive their right to forfeit and therefore we would urge landlords to contact us at the earliest opportunity. Tenants are also advised to take prompt action so they can benefit from relief against forfeiture, where available.

We work closely with our Commercial Property experts to achieve the best commercial outcome.  

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