Commercial Property Dispute

We act for Landlords and Tenants on all property related disputes to gain possession or defend possession proceedings. We deal with dilapidations and renewal of terms of a lease. We have many years of successfully representing clients and achieving their aims.

We see many types of claims.

Challenging validity of will

There are many grounds that can be relied upon such as –

  1. The will is not sufficiently clear
  2. The will have not been executed correctly
  3. The will is a forgery or fraud
  4. The testator did not have mental capacity to make a will.

Landlords can peacefully enter the property and take back possession. Alternatively, court proceedings for a possession order can be applied for. The correct method will depend on the facts of the case and correct notices being served. Advice must always be sought so risks can be considered and advice given on the best method for your case.

A landlord is able to serve a section 25 notice specifying reasons as to why a tenancy must be terminated together with a termination date. This be served at the correct time to be effective.

A landlord is able to serve a section 25 notice setting out that a new lease is not opposed and the terms proposed for a new lease.

A tenant is able to serve a section 26 notice setting out a request for a new lease with any terms proposed?

A landlord can either agree the terms, renegotiate the terms offered or oppose the grant of a new tenancy. Often the parties will have their own Surveyors who will advise on renewal terms and enter into negotiations.

There are various grounds to oppose a notice being failure to repair, persistently delaying paying rent, substantial breaches by the tenant of the lease, suitable alternative accommodation being offered, subletting of part, a wish to redevelop or demolish the building or if a landlord intends to occupy the premises.

If you repossess a property which is protected by the Landlord and Tenant Act 1954, and rely on grounds to subletting of part, intending to redevelop or demolish or if you intend to occupy, you will have to pay statutory compensation. If your tenant has been in the property over 14 years you will pay twice the rateable value, if less than 14 days one time the rateable value.

If agreement is not reached by negotiation, a court application will need to be made. There are strict time limits to adhere to. A landlord can also make an application for possession.

We would advise you as to the terms of a new lease, draft this and have it formally finalised by the parties.

A claim for interim rent can be made. Usually parties will be able to agree interim rent or a Court can decide the appropriate amount.

Usually agreement is reached even if proceedings are issued, so the usual order is that parties pay their own costs. However, if the other party discontinues or loses a trial, costs can be recovered and assessed by a Court. The amount is up to the Court’s discretion.

This is known as dilapidations. You will need a surveyor to prepare a report as to what needs to be remedied and the cost to do so. Thereafter, negotiations will be entered into to see if agreement can be reached. If it cannot, we will issue court proceedings to obtain orders to compensate for this. Costs can also be applied for.

You can use our instant Instruct form by clicking here or call us on 01689 870760 or email [email protected]. We will come back to you quickly.

Please provide a copy of your lease. If you are alleging a breach of the lease, please provide evidence of the breach.