Commercial Property Disputes

Forfeiture of a lease refers to the landlord’s right to terminate a lease in certain circumstances, often due to a tenant’s breach of the lease terms. This could include non-payment of rent, failure to maintain the property, or breach of other covenant terms.

For landlords, forfeiture can be a powerful tool to regain possession of a property when a tenant has defaulted, but the process must be carried out correctly to avoid legal challenges. We can guide you through the procedures, from issuing a valid notice to taking court action if necessary.

For tenants, facing forfeiture can be stressful, but there are often opportunities to challenge or prevent the termination, particularly if the breach has been rectified or if there are legal grounds to dispute the forfeiture. Our team can help you understand your options and protect your interests.

At Palmers Solicitors, we provide expert advice on forfeiture, helping both landlords and tenants navigate this complex area of law, ensuring that the process is handled legally and efficiently.

Contested lease renewals can be a complex and contentious issue, particularly when they fall under the Landlord and Tenant Act 1954. Both landlords and tenants may find themselves in dispute when negotiating the renewal of a commercial lease, especially when the statutory provisions of Sections 25 and 26 of the Act are involved.

• Section 25 Notices: A Section 25 notice is issued by the landlord when they wish to oppose the renewal of a lease or propose new terms. If the tenant disagrees with the notice, this can lead to a contested renewal process. Our team provides expert advice to landlords and tenants on how to navigate this notice, including challenging or defending the grounds for refusal.
• Section 26 Notices: A Section 26 notice is given by the tenant when seeking to initiate a lease renewal process. This notice outlines the terms the tenant proposes for renewal. Disputes can arise if the landlord disagrees with these terms. We offer guidance to tenants on how to respond to Section 25 notices and ensure their renewal terms are fairly negotiated.

Disputes may also arise over the grounds for opposition, which could include the landlord wanting to reclaim possession of the premises for redevelopment or other valid reasons under the Act. Alternatively, a tenant may seek to contest the rent or terms proposed by the landlord.

Whether you are a landlord or tenant facing a contested lease renewal, Palmers Solicitors can help guide you through the complexities of the 1954 Act, ensuring that your interests are properly represented and protecting your rights throughout the process.

Lease extensions can be crucial for tenants wishing to secure their tenure and protect the value of their property, particularly where they own their property under a Leasehold Title as opposed to rental. Whether you are a landlord or tenant, extending a lease can be a complex process involving legal rights, negotiations, and statutory procedures.

For tenants, extending the lease is often essential to maintaining property value, especially if the lease term is approaching 80 years or less. Our team can guide you through the process of applying for a lease extension, ensuring that the terms, including the premium and rent, are fair and in accordance with legal requirements.

For landlords, lease extensions can also present challenges, particularly regarding the valuation of the premium and negotiating terms. We offer expert advice on how to manage these requests and ensure that your interests are protected.

At Palmers Solicitors, we provide practical solutions for both landlords and tenants, helping you navigate the complexities of lease extensions efficiently and cost-effectively.

Landlords expect tenants to maintain the property according to the terms of the lease. Failure to do so can result in a dilapidations claim for not keeping the property in good order, which can lead to significant costs and disputes.

To help avoid future disputes, there are several steps both landlords and tenants can take:

Before signing a lease, it’s important to understand the maintenance and repair responsibilities outlined in the lease. This could include who is responsible for interior decoration or structural repairs. Seeking legal advice before agreeing to lease terms can help prevent future disputes over unexpected repair costs.

Having an independent commercial surveyor inspect the property before the lease is signed is a valuable step. The surveyor’s report, known as the Schedule of Condition, ensures the property’s current state is accurately documented. This helps protect the tenant from being held responsible for pre-existing defects.

If a tenant plans to make alterations to the property, the lease terms will specify whether this is allowed. Even if alterations are approved, the tenant may be required to restore the property to its original state at the end of the lease. Failing to do so could result in dilapidations claims.

When repairs are needed, the landlord will issue a Schedule of Dilapidations, listing necessary repairs and their associated costs. The tenant is typically liable for these costs if repairs aren’t completed before the lease ends.

Disputes can arise in a number of areas, including:

• Liability for repairs
• The extent and cost of repairs
• The adequacy of repairs undertaken

Whether you are a landlord or tenant, Palmers Solicitors can assist in bringing or defending dilapidations claims. Our experienced team can also help resolve issues related to professional fees, the validity of break notices, and tenant liability for outstanding repairs.

Leasehold disputes can arise in various areas, often causing frustration and financial strain for both landlords and tenants. At Palmers Solicitors, we offer expert advice and representation on a range of leasehold issues, including:

• Lease breaks: If you wish to exercise a break clause but face resistance or legal challenges, we provide guidance to ensure the break is executed correctly and fairly.
• Change of use: Whether you want to change the use of the property or object to a change proposed by your landlord or tenant, we help navigate these complexities, ensuring compliance with the lease and planning regulations.
• Rent reviews: Disagreements over the amount of rent payable can be contentious. Our team offers support in negotiating or challenging rent reviews to ensure that any adjustments are fair and in line with the lease.
• Service charge issues: Conflicts often arise around the allocation and payment of service charges. We can help resolve disputes and ensure that charges are reasonable and correctly apportioned.
• Repair claims: Disputes concerning maintenance and repair obligations are common in leasehold relationships. We can assist with claims related to failure to repair, as well as defending claims made against you.

Our team is here to help resolve leasehold disputes efficiently, protecting your rights and ensuring a fair resolution.

Often referred to as ‘squatters rights’, adverse possession occurs when, under the Land Registry Act 2002 (LRA) where registered land is involved, a person can seek to acquire the title of possession after 10 years of exclusive occupation.

Adverse possession can be challenged but it is important to seek legal advice where a dispute over possession of land occurs.

There are two legal definitions relating to nuisance:

• Public nuisance – arising from an act that endangers the life, health, property, morals or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all.
• Private nuisance – caused by a person doing something on their own land, which they are lawfully entitled to do but which becomes a nuisance when the consequences of their act extend to the land of their neighbour by, for example, causing physical damage.

Public nuisance is often dealt with through the criminal courts whereas private nuisance is commonly a civil matter.

Our dispute team can assist with disputes relating to private nuisance. Additionally, our criminal law team can assist where the matter relates to public nuisance where it has been reported to the police and a criminal investigation is underway.

Commercial boundary disputes can arise between businesses where there is a dispute over ownership of a particular piece of land.

Typically, issues occur when a new business takes over an adjacent property or decides to develop a piece of land next to another business.

All land in the UK belongs to someone. It therefore follows that if you go on to land without the owner’s permission, you are trespassing unless there is legal right of access for the public, or if you have acquired a legal right to pass over the land to reach some land of your own.

Trespass disputes can be time consuming and costly unless they are dealt with promptly by experts in this area of law.

Examples of boundary disputes include:

• Incorrect siting of a boundary wall, causing an encroachment onto neighbouring land
• Disputes over responsibility for repairs and maintenance of a boundary feature
• One party refusing to accept the new positioning of a boundary that has changed over a period
• Land Registry plan disputes

It is important to deal with commercial boundary disputes swiftly to ensure the matter does not escalate and become a costly drain on resources, particularly if a business intends to sell as the value of the property can be negatively affected by unresolved boundary disputes.

If you need to urgently protect your company’s financial assets, you can take out a commercial injunction either against an individual or another company.

Applying for an injunction also helps you to temporarily ringfence your business interests in the event of a dispute.

The team at Palmers can assist with

• Prohibitory injunctions – to prevent an action from occurring
• Mandatory injunctions – requiring an action to take place
• Search orders – to search for and seize evidence
• Freezing orders – to prevent financial assets from being disposed of