Commercial Property Disputes

Introduction to commercial property disputes

Osbornes’ well-respected property disputes team gives practical advice to both landlords and tenants. Our focus is on providing early assistance so problems can be avoided before they escalate into something far more serious. We lean on decades of experience to help you identify the best, most cost-effective dispute-resolution strategy, minimise the impact of the problem, and achieve an efficient, positive result.

What are the common causes of commercial property disputes?

The most common disputes we see are around:

• Non-payment of rent – recovering this money can be very time consuming, especially if the tenant is withholding the money in a misguided attempt to get the landlord to negotiate
• Dilapidations – if the property needs repair or returning to its original state at the end of the lease, it can be difficult to establish whether this is the responsibility of the landlord or tenant.
• Assignments and subletting – landlords are wary of disposals where the new tenant is not as financially strong as the original tenant or where the sublease is at sub-market rates.
• Break clauses – there is a lot of technical law around break clauses which may cause problems for tenants attempting to exit the property.
• Service charges – the method for calculating service charges is a common cause of disputes, especially for retail leases where shopping centre service charges can be very high.

Osbornes has been helping landlords and tenants resolve their disputes for many years. If you want to rapidly resolve a commercial lease dispute in your favour, contact our team of experts today.

What is the best way to resolve a commercial property dispute?

There are many ways to resolve a commercial property dispute. The chief motivation is choosing a strategy that resolves the dispute quickly and effectively, so it does not escalate to something that will cost you more time and money. 

The starting point is getting in touch with the other side and talking the problem through. We can often resolve a simple commercial lease dispute with a single letter that summarises the claim and the action the other party needs to take. For more complex disputes, we might recommend the use of mediation or arbitration, depending on the value and circumstances of the case. 

Taking formal court action is the final option. Osbornes will support you in court where necessary, but our commercial-first dispute resolution process greatly reduces the likelihood of you needing to take this step. 

What are the consequences of a commercial property dispute?

Allowing a dispute to fester is potentially damaging for both parties. For the landlord, there is a risk that you will lose rental revenues or will not be able to let the property to another tenant as quickly as you would like. For the tenant, serious breaches may give the landlord the right to enter the property and terminate the lease. There’s a lot at stake.

Our specialist commercial property litigation solicitors have many years’ experience advising businesses on their commercial leasing issues. We are here to provide practical and proactive assistance, allowing you to get on with running your business.

How do you avoid commercial property disputes?

There are two ways to limit the potential for a commercial lease dispute. The first is to ensure, from the beginning, that the lease document is clear and thorough, and covers every possible eventuality. Disputes are much less likely to occur when everyone knows where they stand. 

The second method is to keep the lines of communication open, so that if an issue arises it can be resolved at an early stage before it grows into a major problem. 

Whether you are a landlord or tenant, you will benefit from having Osbornes in your corner. We’re a full-service team of transactional and litigation commercial property lawyers. We can put the right protections in place from the outset to minimise the risk of a dispute arising. When problems do occur, we can step in at the first sign of trouble to resolve the dispute rapidly, saving you time, money and stress.

How we can help

Commercial property disputes involving commercial leases require swift and effective resolution to prevent harmful consequences for both parties, such as loss of revenue for landlords or disruption to trade for a commercial tenant.

The types of disputes we help with include:

• Rent arrears
• Service charge recovery
• Rent review disputes
• Commercial lease renewals
• Dilapidations and repair disputes
• Breach of covenant
• Forfeiture of commercial leases
• Break clauses and surrenders
• Disputes in relation to assignment, subletting and change of use

Litigation in commercial leasing disputes can be lengthy and expensive. It’s important to take legal advice sooner rather than later to keep costs down. We have some of the best property litigation solicitors in the country, offering common-sense advice and fighting to get your dispute resolved quickly. 

Why choose Osbornes Law?

For over 40 years, Osbornes has provided a valued service to commercial landlords and tenants across England and Wales. Clients work with us because of our strong track record of success in this area, and our ability to give practical, jargon-free advice. Our firm is repeatedly recommended by the prestigious Chambers and Partners and Legal 500 directories. These recommendations mean almost as much to us as the five-star reviews we receive from our clients.   

We are often able to offer fixed-fee quotes for commercial lease dispute cases, so you know exactly what you will be paying. For more information relating to a commercial lease dispute, please contact our experts by calling us or fill  in an online form and we will contact you.

To learn more about our commercial landlord and tenant disputes service, call Osbornes’ dedicated property litigation solicitors today.

• Fill in our online enquiry form; or
• Call us on 020 7485 8811