How our London Commercial Lease Dispute Solicitors can assist with Commercial Leasehold Property Disputes
Just as a dispute may well arise between a residential landlord and tenant, a commercial lease dispute may also arise between a landlord and tenant of a commercial property. Although the sources of commercial lease disputes are often the same, the methods of resolution may vary significantly. In this blog post, our commercial lease dispute solicitors describe some of the more common issues that arise regarding commercial leases, and explain what you can do.
What are common commercial lease disputes?
Some of the most common commercial lease disputes we handle are:
How do you resolve a commercial lease dispute?
What you will need to do will depend significantly on the circumstances and the dispute in question. You can find more information about how many common commercial lease disputes are often resolved below.
Tenant concerns
Can I sub-let my property as a commercial tenant?
This will depend on the terms stated in your lease. There may also be certain conditions you must meet with your landlord before you can lawfully sublet, which we can advise you on.
What can I do if I feel my service charge is unreasonable?
Service charge disputes are common commercial lease disputes we can assist with. We can examine the argument for the service charge with you and help you negotiate with your landlord.
Can I break my commercial lease early?
Whether or not you can break your commercial lease early will depend on the terms of your lease. For example, your lease may include an early termination clause. You may also wish to assign or sub-let your lease to someone else, though this may not release you from your legal obligations. Our knowledgeable commercial lease dispute solicitors can help you understand the legal implications of ending your lease early.
Do I have the automatic right to renew my commercial lease?
If your lease comes within the protection of the Landlord and Tenant Act 1954 part II, you will usually have security of tenure and the right to renew your lease – however, your landlord can resist this on certain grounds. We can advise you on this. Note that if you have been ‘contracted out’ of security of tenure, you have no automatic right to renew your lease.
My landlord is trying to charge me for dilapidation. What can I do?
You may find that once your tenancy has ended, your landlord is trying to make a claim of dilapidation against you. If you feel the claim is unjustified, our commercial lease dispute solicitors can help you appeal against it.
Landlord Concerns
What can I do if my tenant won’t pay rent?
On the 9th November 2021, the government released legislation which would protect businesses in rent arrears from eviction until 25th of March 2022, if they fell into arrears during the pandemic. This is to allow businesses some time to recover following the impact coronavirus may have had on their finances. However, although you may not be able to evict them yet, you may be able to claim back unpaid rent. Our commercial lease dispute solicitors can offer more advice regarding what you can and do in this situation.
Should I allow my tenant to sub-let or assign their lease?
It is important to know the implications of allowing your tenant to sub-let or assign their lease – it really isn’t as simple as letting them “give” their tenancy to someone else. Doing so could have unfortunate consequences, such as an undesirable tenant having security of tenure on your property. There are certain situations in which you can refuse to give consent, or impose certain restrictions on them. Our solicitors can advise you on the legal implications of allowing your commercial tenants to sublet or assign your lease.
My tenants have left the property in disrepair when vacating the property. Can I make a claim for the damage?
The terms of most leases will usually include a condition which obligates the tenant to maintain the property throughout their lease and return the property in a good condition at the end of the lease. As long as your commercial lease says this, your tenant has to ensure the property is in a good condition at the end of the lease. If they do not, you can make a dilapidation claim against them for the damage. Our commercial dispute solicitors can provide advice and assistance with dilapidation claims.
How SMB Solicitors Can Help
Our experienced team of commercial lease dispute solicitors can provide knowledgeable legal advice and assistance in a wide range of commercial property disputes, whether you are a landlord or tenant. To book an appointment, please email us at info@smbsolicitors.co.uk.
