Commercial property disputes

You need to consider whether your goal is to remove the tenant or whether you want to negotiate to recover the rent and keep them in situ. If it is the former, the lease terms will provide clarity as to whether you can forfeit the lease and evict the tenant, however there is a specific procedure that should be followed to ensure that you are not in breach of the lease yourself. If there is a forfeiture clause in the lease, you may be able to effect peaceable re-entry to recover possession or you can apply to the court for a possession order.

Whichever route you decide to take, we will be able to assist you throughout the process.

Not necessarily. If your lease is protected under the Landlord and Tenant Act 1954, you may have a statutory right to remain in the property and apply for a lease renewal, unless the landlord has valid grounds to oppose it. You cannot serve a section 26 notice before 12 months and nor less than 6 months before the proposed start of the new lease (which cannot be before the contractual expiry of the current lease). If your lease is not protected, and you continue at the property after the expiry continuing to pay rent to the landlord, a new lease may arise. The new lease will be subject to the Landlord and Tenant Act 1954.</p

We can advise you on your rights and options based on the terms of your lease and your current occupation status.

This will depend on what term has been breached. If the breach is a ‘qualifying breach’, you may be able to forfeit the lease and evict the tenant, provided your lease includes a forfeiture clause. Otherwise, you may be entitled to damages or you can obtain an injunction requiring the tenant to comply with the lease or rectify the situation. We can review your lease, consider the breach and advise on the most effective and legally compliant course of action.

Not always. Many disputes are resolved through negotiation, mediation, or arbitration. Court is often a last resort when other methods fail. We will guide you on the most effective and cost-efficient approach to achieve your desired outcome.