Commercial

Commercial Property Litigation Solicitors

Our expert solicitors understand that commercial property disputes can be stressful, and they can arise due to a wide variety of reasons. Whether you are a landlord or a tenant, it’s important to seek advice early so that disputes can be resolved as quickly and smoothly as possible, saving you time and money. Get in touch today.

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What are a landlord’s responsibilities?

Landlords have legally binding responsibilities that are outlined in the commercial lease agreement, which they have signed with the tenant.

By law, a landlord is responsible for:

Maintaining all gas appliances and installations as set out by the Gas Safety (Installation and Use) Regulations 1998.
Carrying out a fire safety risk assessment under the Regulatory Reform (Fire Safety) Order 2005. They may also be responsible for providing fire safety equipment.
Electrical safety as detailed under the Landlord and Tenants Act 1985, the Occupiers Liability Act 1957 and the Occupiers Liability Act 1984. Commercial landlords have a duty to make sure precautions are taken to reduce the risk of injury to tenants and damage to property.
Fixtures and fittings that they have installed. These must be safe and properly maintained.
Meeting Minimum Energy Efficiency Standards (MEES). It is illegal to grant a lease on a commercial property with an EPC rating of less than E.
Under Section 11 of the Landlord and Tenant Act 1985, a commercial landlord is partially responsible for maintaining common areas of a property and the exterior of the property, including wiring and other health and safety aspects. The exception is when a tenant is the sole occupant of a property.

Most commercial leases are ‘fully repairing and insuring’ (FRI), which means that the tenant is responsible for most of the maintenance and repair costs, plus the cost of building insurance.

When a landlord does not meet their responsibilities under the law or as specified in the commercial lease agreement, a tenant can take legal action against them. A tenant may also be able to claim compensation for any financial losses or personal injuries sustained as a result of their landlord’s negligence.

What happens if a landlord sells their commercial property?

When a landlord sells a commercial property, the new owner will inherit the tenant and the existing lease agreement; in essence, the new owner of the property will become the landlord.

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How might a tenant breach a commercial lease?

Examples of ways a tenant might breach a commercial lease agreement include:

Failing to maintain, repair or insure a property as specified in the Lease.
Making alterations to the property without permission from the landlord.
Sharing or subletting the property without the landlord’s permission.
Assigning a lease without the landlord’s permission.

How can a landlord deal with difficult commercial tenants?

If a tenant breaches the terms of a lease agreement, a landlord may claim possession of their property with a Section 146 notice, also known as ‘forfeiture’.

When a tenant has failed to pay rent, the forfeiture process does not have to be followed. A landlord can simply enter the premises after a specified period and change the locks. However, if you are a landlord considering this route, it is important to seek advice from a solicitor as this action is risky, and there can be legal consequences.

Where a Section 146 notice is served, a tenant will be given a reasonable time period to put the breach right and pay any compensation due to the landlord. If the tenant fails to remedy the breach, then the landlord can start eviction proceedings through the court.

How long does it take to evict a commercial tenant?

The length of time it takes to evict a commercial tenant depends on the route taken. If locks are changed, it can take just days. If the matter goes to court, it can take several months.

What are a tenant’s rights under forfeiture?

Tenants have the right to apply for ‘relief from forfeiture’ if forfeiture should not have taken place. In this case, they may also be able to claim compensation from the landlord. The aim of compensation is to put the tenant back into the position they would have been in if forfeiture had not happened.

They can, in some cases, also apply for relief from forfeiture if they have remedied the breach.

Why choose us

Commercial lease disputes can be complex, and litigation can be time-consuming and expensive. Our experienced commercial dispute litigation solicitors can help you to explore fast, cost-effective solutions to minimise the impact on your business, so get in touch today.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help

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