Commercial property disputes can be damaging and disruptive to landlords, tenants, investors and businesses. Finding a prompt solution that avoids litigation is key to avoiding an expensive and protracted legal battle.
At T G Baynes, our experienced commercial property dispute solicitors can advise you of your rights and work with you to identify the best way forward. We are robust negotiators and can generally resolve matters without the need for court hearings.
We have wide expertise across all types of commercial property litigation, and routinely deal with complex and high-value cases.
Contact our commercial property dispute solicitors in Bexleyheath, Dartford and Orpington
To speak to one of T G Baynes’s expert commercial property litigation solicitors in Bexleyheath, Dartford and Orpington, or to arrange an initial consultation, please fill in our simple enquiry form or call 020 8301 7777.
What is a Commercial Property Dispute?
A commercial property dispute can involve a range of individuals, including commercial landlords, property investors, tenants, managing agents and business owners.
This is a complicated area of law, and there is a wide scope for disagreement when dealing with issues such as breaches of the lease, commercial rent payments and landlord and tenant rights.
When an issue cannot easily be resolved between the parties, speaking to an experienced commercial litigation solicitor early on can prevent the situation from deteriorating and give the parties the best possible chance of resolving matters by way of negotiation.
Common Types of Commercial Property Disputes
Common types of commercial property disputes and commercial property litigation that we deal with include:
- Landlord and tenant disputes
- Dilapidations claims
- Lease forfeiture and commercial eviction
- Boundary and right of way disputes
- Service charge disputes
We also offer a number of related services, including:
- Commercial property
- Commercial leases
- Buying commercial property
- Selling commercial property
- Debt recovery
Landlord and tenant disputes
We deal with a full range of commercial landlord and tenant disputes, from minor issues to major disagreements that require litigation. We always aim to find the best solution for your needs, working to preserve your position and allow you to resolve the matter promptly.
Dilapidations claims
Claims relating to property condition can be high-value and protracted. We will put together a strong case on your behalf and negotiate to try to find an acceptable solution. Where necessary, we can take your claim to court.
If a tenant has left without paying for remedial works, either at the end of the tenancy or by using a break clause in a commercial lease, we can take action to pursue your losses.
Lease forfeiture and commercial eviction
If you need to enforce the forfeiture of a commercial lease and take back control of your property, we can represent you in dealing with the commercial eviction process. The correct notice must be given to the tenant, and we will ensure that you have valid grounds for forfeiture.
Where peaceable re-entry is not possible, we can apply to the court for a possession order and work to enforce this as necessary.
If you are a tenant facing eviction and you do not believe the landlord is entitled to forfeit the lease, we can advise you of your rights and take steps to uphold these.
Boundary and right of way dispute
It is important for landlords and tenants to be able to use commercial premises in the way that they need, including having adequate rights of way and avoiding disagreements over boundaries.
This type of dispute can be bitterly contested if not handled promptly, and we always advise taking expert legal advice on your rights as soon as possible.
Our boundary dispute solicitors will work to establish where your boundary is, or what rights of way exist, and prepare a comprehensive case providing the other party with evidence demonstrating this.
We know that boundary and right of way disputes can be extremely disruptive, and we always aim to resolve them quickly.
Service charge disputes
Commercial service charges can be extensive, and tenants may have questions over the amount charged, whether the landlord is providing an adequate service, whether increases are legal and warranted, and what repairs are genuinely required.
We can represent you in discussions with the other side and take steps to ensure your interests are protected.
Whether you are a landlord whose tenant is refusing to pay and who is raising queries over service issues, or a tenant facing unreasonable costs, we can provide you with legal advice and representation.
How We Resolve Commercial Property Disputes
We will go through your case in detail and give you an honest assessment of the strengths and weaknesses of your case. We can discuss the options open to you and what you might expect to achieve, should your case proceed.
We will put your case to the other side in the strongest terms and work to find a way forward that avoids litigation.
Where necessary, we can assist you through an alternative method of dispute resolution, such as mediation, early neutral evaluation or arbitration.
Why Choose T G Baynes for Commercial Property Disputes?
Commercial property disputes can be complicated, and you are strongly advised to use a specialist legal team. A T G Baynes, our commercial lease disputes solicitors have extensive experience across a full range of issues, and are focused on resolving matters quickly and with minimal cost and disruption.
Clients choose us for the following reasons:
- We have expertise across all commercial sectors and routinely handle disputes of all sizes, from those involving small retail premises to large sites with complex lease agreements.
- We have three convenient office locations in Bexleyheath, Dartford and Orpington, and represent landlords and businesses in Kent, Bromley and the wider South East London areas. Our presence locally means that we have a clear understanding of commercial property issues in the area.
- Clear and transparent fees. We will ensure that you have a detailed quote for the work you require at every stage of your transaction, and that we agree matters with you before proceeding. There will never be hidden charges or extra costs that you were not anticipating. If you would like to discuss our fees in detail before going ahead, please feel free to give us a call.
- We provide a responsive service, tailored to your needs. You will have a designated solicitor who will deal with your case and who will make themselves available to speak to you as needed. We will ensure you have regular updates throughout.
- We have decades of experience. T G Baynes has been serving clients in the region for over 130 years.
- We offer a full range of legal services, meaning we are able to handle related issues.
Frequently asked questions
How long does a commercial property dispute take to resolve?
The length of time taken to resolve a commercial property dispute will depend on several issues, including the complexity of the disagreement, how willing the parties are to negotiate and whether litigation is needed.
Where an out-of-court solution cannot be found, the time taken could be extensive. However, we are usually able to resolve matters by way of agreement, using an alternative method of dispute resolution where necessary.
What is the difference between mediation and litigation in property disputes?
Mediation is an alternative to court, or litigation, and involves meetings between the parties and an expert mediator. The mediator is not able to offer legal advice or impose a binding decision on the parties, but they can help the parties explore potential ways forward.
This is generally a faster and less expensive option than litigation. It can also prevent a relationship from deteriorating, which can be important if the parties will still be dealing with each other.
The mediation can take place with both sides and the mediator present together, or with the mediator shuttling between the parties, as needed.
Litigation is a formal option, and the process requires strict adherence to pre-action legal protocols. The court will set out a timetable for issues such as the disclosure of information and provision of evidence and witness statements. Court hearings will be scheduled, and the judge’s final decision will be legally binding.
Can a commercial landlord evict a tenant for rent arrears?
Rent arrears constitute a breach of the lease, and it is usual for a commercial lease to include forfeiture clauses allowing the landlord to evict the tenant for non-payment of the rent.
The clauses will set out the process for commercial eviction, and it is essential to follow these. Notice is given to the tenant that the lease will be terminated, usually either 14 or 21 days, and after this time, the landlord can peaceably re-enter the property and change the locks.
Where this is not possible, an application can be made to the court for a possession order.
Forfeiture of a commercial lease is a serious step, and you are strongly advised to seek legal advice before proceeding, to ensure that you do not exceed your authority and open yourself up to claims.
It is also open to the landlord to use the commercial rent arrears recovery process to obtain outstanding sums if the tenant is still in occupation of the property. Alternatively, we can pursue rent arrears as a debt once the tenant has left.
What are dilapidations and when can a landlord claim?
Dilapidations refers to failure to meet the obligations in the lease in respect of the property’s condition. This can be an issue at any point during a tenancy, but it is particularly likely to cause a disagreement at the end of the tenancy.
The lease will generally require the property to be handed back in good repair and condition. The landlord can prepare a schedule of dilapidations if the property is in poor repair, requiring issues to be remedied.
This could be undoing alterations and restoring the property to its original condition, repairing or maintaining the property or decorating it.
Works can be expensive, and dilapidations claims can be high-value and contentious.
What rights do commercial tenants have under the Landlord and Tenant Act 1954?
Unless a lease excludes the right, commercial tenants have ‘security of tenure’ under the Landlord and Tenant Act 1954. This means they have the automatic right to renew their lease on similar terms and at the going market rent when it reaches the end of the agreed term. There is a set process for doing this, which involves serving formal notice on the landlord, and it is essential to follow this to avoid losing the right.
How much does it cost to resolve a commercial property dispute?
Costs can vary widely when dealing with commercial property dispute resolution. We always aim to find a swift resolution, avoiding the need for a protracted legal case. Where it is possible to resolve matters by way of negotiation or alternative dispute resolution, you can expect the costs to be lower than in litigation.
We can discuss your situation with you and go through the likely costs for the various stages of handling your dispute.
Contact our commercial property dispute solicitors in Bexleyheath, Dartford and Orpington
To speak to one of T G Baynes’s expert commercial property litigation solicitors in Bexleyheath, Dartford and Orpington, or to arrange an initial consultation, please fill in our simple enquiry form or call 020 8301 7777.