A lease dispute is a very broad category of commercial property disputes as this relates to any issue that may arise between a landlord and tenant.
This may be as early as the initial negotiation of the lease, during the term or on termination. There is no limit to the number or types of disagreement that can occur but the more common areas are covered in more detail in other sections of our website.
Lease disputes may arise because a particular clause within a lease can be interpreted in different ways and sometimes a dispute will be about whether a lease even exists in the first place. It is more likely that the wording of a clause will not be contentious but problems have arisen due to a particular clause being breached by one or more of the parties.
To name but a few, there may be a dispute over attempts to exercise a break clause, the extent of the demised premises, a rent review, service charges, renewal of a lease or the failure to comply with obligations in relation to the carrying out of repairs, payment of rent, assignment, sub-letting, alterations or use of the premises. It is not always the tenant that is in breach as a lease will also include a number of covenants which the landlord must comply with including the provision of services, insurance and the tenant’s right of quiet enjoyment.
Just as important as identifying a breach and a liability is the need to understand what remedies are available, how to go about relying on those remedies, how long it is likely to take and how much it is going to cost.
This is often a very technical area of law that comes with numerous pitfalls. There may be strengths or weaknesses in your case which if identified quickly could prevent a dispute from escalating and reduce the time and cost involved. It is therefore essential to seek legal advice from an early stage because the consequences to either a landlord or a tenant can be severe. Business can be affected which in turn may lead to heavy financial losses.
We specialise in providing expert commercial advice in connection with all types of lease dispute. Depending on your objectives, this may be ending or continuing a lease, enforcing a certain remedy, engaging in settlement negotiations or commencing court proceedings. We will establish what your priorities are and endeavour to achieve the right solution for you so that you can concentrate on your business.
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