Commercial Property Disputes

Our specialist commercial dispute lawyers are experts in resolving commercial property disputes. We advise and represent a wide range of clients across the South West and beyond, from high street businesses and restaurants to commercial landlords and property portfolios holders, on the full spectrum of property disputes.

Our experienced team of commercial property dispute lawyers have extensive expertise in commercial property litigation. Working closely with colleagues in our Commercial Property and Rural teams, along with a network of third-party experts including land agents, accountants and surveyors, we represent freehold owners, landlords and tenants on a wide range of disputes involving commercial property.

Whatever the issue, our approach is always to understand the commercial as well as the legal context of your commercial property dispute. We will then help you to understand the legal position, explore your options and develop the most appropriate strategy to achieve a favourable outcome for your business.

Expert legal advice for landlords and tenants

As a prominent regional law firm, we provide comprehensive legal advice tailored to our clients specific needs across a wide range of business sectors. If you require specialised guidance regarding commercial property matters, our dedicated team is at your service. If your property interests turn into a dispute, regardless of the nature of your business, our dedicated commercial property disputes lawyers will guide you through the entire process.

Our commercial property disputes services

Our comprehensive services cover a wide range of commercial property matters, including:

• Business Tenancies
  • Leases, licenses, tenancies at will, and periodic tenancies
  • Business tenancies under the Landlord and Tenant Act 1954, including renewal and opposition
  • Interim rent
  • Excluded tenancies through contracting out of the Landlord and Tenant Act 1954
  • Breach of lease covenants and obligations
  • Assignment and underletting
  • Lease covenants related to use, alterations, and improvements
  • Lease assignments and consent to assign
  • Repairing obligations
  • Dilapidations
  • Yielding up and vacant possession
  • Rent review
  • Rent deposit
  • Guarantees and Authorised Guarantee Agreements (AGA)
  • Break options and notices
• Agricultural
  • Farm business tenancies
  • Agricultural holdings (formerly ‘Agricultural Holdings Act tenancies’)
  • Residential lettings to farm workers
  • Electronic communications
• Enfranchisement
  • Individual enfranchisement and lease extensions of houses
  • Lease extension of flats
  • Collective enfranchisement
  • Rights to manage
  • Rights of first refusal to buy the freehold
• Other property matters
  • Commercial service charges
  • Defective Premises Act and occupier’s liability issues
  • Business rates
  • Disclaimer, dissolution, and bona vacantia
  • Restrictive covenants
  • Positive covenants
  • Easements
  • Boundary and party-wall disputes
• Remedies
  • Commercial rent arrears recovery (CRAR)
  • Forfeiture of a lease
  • Relief from forfeiture
  • Surrender of a lease
  • Enforcing security
  • Property insolvency
  • Statutory demands for commercial property disputes
  • Enforcing mortgages and charges
  • Trespass and adverse possession
  • Charging orders over land
• Contractual Issues
  • Creation of valid property contracts and interpretation
  • Misrepresentation
  • Completion disputes
  • Limitation

Commercial property dispute approaches

In many commercial property disputes, an alternative dispute resolution (ADR) method such as mediation, expert determination or arbitration, may be the best approach. Our team is highly skilled in all forms of ADR and has used these methods to achieve positive outcomes for clients across a range of disputes and sectors.

However, inevitably, some cases will require court proceedings and when they do, our commercial litigators have the skills and experience to be as robust and aggressive as is required to achieve the best outcomes for your business. We are qualified and experienced in representing clients in the Courts, and the First tier and Upper Tribunal (property chamber). Our team has a track record of success in handling complex cases, and we have been involved in notable cases reported in law reports, including disputes involving fiduciary duties and successful costs appeals.