Our Property Litigation team have extensive experience in dealing with landlord and tenant disputes, acting for both the landlords of commercial premises and the business tenants who lease them.
Many of the disputes which we encounter concern end-of-lease dilapidation disputes for commercial premises and subsequent claims relating to them.
Our team has comprehensive experience in representing both tenants and landlords in these disputes, giving us expert insight into how the other side makes its case and utilising this for the benefit of our clients.
Similarly, we also represent both landlords and tenants in contested and uncontested lease renewal claims brought under the Landlord and Tenant Act 1954.
What rights do commercial tenants have?
Commercial tenants very often have statutory rights under the Landlord and Tenant Act 1954.
Where it applies, it grants business tenants security of tenure, meaning that a tenant will have a right to renew their lease and that the tenancy will continue after the expiry of the lease term, so long as the tenant remains in occupation.
This gives business tenants more confidence at the end of their lease as the relationship will automatically continue on the same terms until a notice is served by either party.
Of course, rights are not just derived from statute; many of our commercial tenant clients obtain further protection through negotiating the specific contractual terms of their lease.
Through negotiation, tenants may be able to get more favourable or industry-specific terms included.
We work closely with our Commercial Property team to ensure a seamless transition from negotiating a complex deal to putting that deal into action by way of lease drafting and fine-tuning.
What rights do commercial landlords have?
As we have seen, the statutory regime under the Landlord and Tenant Act 1954 provides security of tenure for business tenants. However, there are plenty of benefits that the Act brings for landlords too.
A Landlord will have the right to end a lease at the end of its term, and either propose terms for a new one; or provide reasons, in line with the Act, to refuse a new one.
In addition, the negotiation of contractual terms in a lease is not just reserved for tenants. Often landlords, particularly those with desirable premises, are in a strong position to negotiate terms which place a higher obligation on the tenant.
This could include negotiating more favourable repairing obligations or ‘contracting out’ of the provisions of Landlord and Tenant Act 1954, meaning that the incoming tenant does not benefit from the associated rights.
Can you assist with a commercial tenant eviction?
The team also has substantial experience in assisting tenants facing non-renewal or eviction/forfeiture, and landlords who wish to end their lease and regain possession of their property.
If a business tenant has security of tenure, then their lease will continue even on expiry of the lease term. Landlords and tenants can serve, and of course oppose, notices which seek to either grant or prevent a new lease.
Our team provides bespoke advice to both Landlords and Tenants to ensure they are complying with the relevant formalities and advancing the appropriate arguments to assist in securing their desired outcome for their business or premises.
We also provide advice and representation where forfeiture of a Lease is being sought or requires defending, and our solicitors can deal with recovering commercial rent arrears for Landlords.
How can we help you resolve your landlord and tenant dispute?
Our dispute resolution solicitors provide practical and commercially focused advice and assistance with almost all commercial lease-related disputes. Our straightforward advice and practical solutions will give you a clear understanding of the law and empower you to make confident decisions that work for you and your business.
We act for organisations and individuals across England and Wales, providing companies, councils, investors, private individuals, estate management teams, developers and rural enterprises with high-calibre legal support.
As a client, your matter will be handled or supervised by a partner of the firm, ensuring you benefit from their extensive knowledge of the legal process and their ability to provide practical and commercially-minded advice that can help you achieve your objectives.
How can you fund your case?
To help clients manage the costs, our Dispute Resolution department offers a range of funding options. From traditional ‘pay by the hour’ arrangements to fixed fees in certain situations, our aim is to take the uncertainty out of the costs of litigating and, where appropriate, to share the risk with you.
Click here to learn more about how you can fund your case
We can also offer you an initial fixed fee review and advice on the merits of your case. Click here to learn more about our fixed fee options.
Contact our team
To get in touch with our team, please complete the enquiry form below and one of our dispute resolution team will contact you directly to discuss how we can assist you.
