Landlord and Tenant Disputes
Our specialist team of real estate litigators has extensive experience advising both landlords and tenants in the management of their commercial property portfolios.
Our work includes:
Business lease renewals
We advise a wide range of clients including corporate occupiers and retailers on business lease renewals. In particular our team’s ‘cradle to grave’ approach means that our clients need not worry about the routine. To compliment this approach we also work with our clients around lease expiry to assist them strategically in maximising opportunities to rebalance their portfolio.
Break rights and surrenders
Break notices are often fraught with complications concerning tenant obligations. The team is often called upon by landlords to successfully argue the continuance of leases following defective break notices and non-compliance with pre-conditions. In addition, through our close working relationships with tenants, the team frequently provides early strategic advice to guide them through the legal complexities and provides clear practical solutions to ensure effective termination.
Consents to assign, underlet, alter and change use
Leases usually contain covenants which control the way in which tenants can use their premises, how they can alter them and which restrict their ability to underlet or assign their leases. Our team routinely advises landlords and tenants on the interpretation and enforceability of these covenants. The team regularly advises tenants on the tactics to be adopted to ensure that any consent which is required from their landlord is not withheld or delayed. The team often advises landlords on the grounds upon which they can lawfully object to the assignment of a lease to an unsuitable prospective tenant and to ensure that the value of their portfolio is maintained.
Rent review
The team regularly advises both landlords and tenants in rent reviews and works closely with surveyors in seeking to agree the rent payable under a lease. Whilst many longer leases typically provide for an upwards only rent review our team advises tenants on the opportunities which may be available to secure a wider commercial re-negotiation of the terms of their lease.
Rent and service charge recovery
We act for a range of landlords across all sectors, including property investors, public bodies, local authorities and leisure and retail operators in the speedy and cost effective recovery of rent and service charges from tenants.
Forfeiture and distraint
Leases often contain a right for the landlord to re-enter the premises and forfeit the lease if the tenant is in breach of its obligations. The team is experienced in advising both landlords and tenants on the right to forfeit, how it can be waived and how relief from forfeiture can be obtained from the court. The team also advises landlords and tenants on the landlord’s ability to recover arrears of rent by levying distress on goods at the tenant’s premises. Distress is an alternative to court proceedings and can be speedy and effective. The team is experienced in advising on the restrictions and practical issues which can occur when recovering by distraint.
Tenant insolvency
Our team has significant experience advising LPA Receivers and Property Consultants upon either landlord or tenant insolvency. This involves either advising upon the management of the property (together with its tenant mix) until sale or large scale portfolio disposals including numerous applications to assign.
Dilapidations and exit strategies
We have represented clients on numerous dilapidations claims, working with both landlords and tenants, and working closely with leading valuation experts to support/defend the claim as required.
To speak with a solicitor in the Real Estate Litigation team please click here or call us on 0800 840 4929.
