Commercial Property Disputes

Our commercial property dispute solicitors advise landlords, tenants, investors, developers, property companies and businesses on disputes involving commercial property.

We have substantial property litigation experience backed by one of the country's largest and most experienced property law teams. This gives us particular strength where a dispute involves the interpretation or enforcement of a lease, possession of property, development, insolvency or wider commercial property issues.

Our main commercial property dispute services are set out below.

• Commercial landlord and tenant disputes - We advise landlords and tenants on disputes arising throughout the life of a commercial lease, from disagreements about lease obligations and use of the property through to possession, termination and disputes when the lease ends.Where a dispute is developing, early advice can be particularly valuable in protecting your position before correspondence or conduct inadvertently limits your options.

• Dilapidations disputes - Dilapidations claims can involve substantial liabilities when a commercial lease comes to an end. We advise landlords bringing claims and tenants seeking to challenge them, including disputes over repairing obligations, reinstatement, schedules of dilapidations, the scope and cost of works and the financial value of the claim.

• Commercial lease renewal disputes - Where a commercial tenancy has statutory renewal rights, disputes can arise over whether a new lease should be granted and the terms of the renewed tenancy. We advise landlords and tenants on contested renewals, opposition to renewal, termination procedures and disputes over the rent and other terms of the new lease.

• Forfeiture and possession - We advise commercial landlords considering forfeiture or other possession action and tenants facing the loss of their premises. These disputes can require quick decisions. A landlord needs to avoid taking steps which waive important rights, while a tenant may need urgent advice about relief from forfeiture or preserving occupation of business-critical premises.

• Break clause disputes - The financial consequences of an ineffective break can be considerable, potentially leaving a tenant liable for rent and other lease obligations for years longer than expected. We advise on disputed break notices, compliance with break conditions, service requirements, vacant possession and the consequences of an attempted break being challenged.

• Assignment and subletting disputes - We advise landlords and tenants where consent to assign or sublet commercial premises is requested, refused, delayed or made subject to disputed conditions. We also deal with breaches of alienation provisions and disagreements involving guarantees, authorised guarantee agreements and the continuing liabilities of existing or former tenants.

• Alterations disputes - Commercial tenants often need to adapt premises to operate their business, while landlords need to protect the building and the value and future use of their investment. We advise on disputes over consent to alterations, unauthorised works, reinstatement obligations and whether proposed works are permitted by the lease.

• Property and insolvency disputes - Insolvency can fundamentally change the options available to landlords, tenants, insolvency practitioners and other interested parties. We advise on property issues arising from administration, liquidation and other insolvency situations, including possession, rent, lease liabilities, disclaimer, occupation and competing commercial interests. Our property disputes lawyers can work alongside our specialist insolvency and commercial litigation teams where required.

• Development and commercial property disputes - We advise owners, developers, investors and neighbouring property owners where legal rights interfere with the use, redevelopment or value of commercial property. Disputes can involve rights of way, easements, restrictive covenants, access, boundaries, development agreements and other rights affecting land. Where necessary, our disputes lawyers work with our commercial property and construction teams to understand both the legal issue and the underlying development or investment objective.

• Commercial rent and service charge disputes - We also advise landlords and tenants on disputes over commercial rent, service charges and other sums payable under leases. These can involve interpretation of the lease, disputed expenditure, apportionment, arrears and the landlord's available recovery options.

Where the sums are significant, we can assess both the legal merits and the most commercially effective way of resolving the dispute.

Resolving commercial property disputes

Court proceedings are sometimes necessary, but they are not the starting point for every dispute.

Depending on the circumstances, the appropriate strategy may involve correspondence, negotiation, mediation, expert determination, arbitration, tribunal proceedings or court action.

There can also be more creative solutions. A dispute might be resolved through a lease variation, surrender, payment, revised access arrangements, consent being granted subject to conditions or another agreement which removes the underlying commercial problem.

We will consider the value of the dispute, urgency, legal costs, ongoing commercial relationship and wider property objectives when advising on the best approach.

Why use Taylor Rose for a commercial property dispute?

Our specialist property disputes lawyers are backed by one of the country's largest and most experienced property law teams.

That matters in commercial property litigation. Many disputes turn on detailed lease drafting, title rights, historic transactions or the commercial property arrangements underlying the immediate disagreement.

We can also draw on colleagues specialising in commercial property, construction, insolvency, company law and commercial litigation where the dispute crosses into another area.

This combination enables us to look beyond the immediate litigation and advise on the property and commercial solution as a whole.

Speak to our commercial property dispute solicitors

If a commercial property dispute is developing, early advice can help preserve your options and prevent the problem becoming more difficult or expensive.

Contact our specialist commercial property disputes team to discuss the issue, your commercial priorities and the most effective way forward.