Commercial leases – of offices, shops, factories, restaurants, leisure facilities and so on – form the backbone of a huge swathe of our commercial life. For the most part, relations between landlords and tenants go well, but disputes can sometimes arise and that is where the Land Law litigation team is able to assist. Some of the sorts of disputes which can arise are:
- Use - is the tenant using the premises strictly in accordance with the terms of the “user” clause in the lease?
- Rent reviews – these are mostly dealt with by surveyors, but legal issues can arise upon which Land Law can bring to bear long experience and expertise.
- Sub-letting and assignment – sometimes landlords and tenants disagree about whether a proposed new assignee or sub-tenant is suitable.
- Break notices – tenants quite often have the benefit of a break clause in their lease, but great care has to be taken to ensure that everything is done correctly to make sure that the break actually works.
- Forfeiture – every well drawn commercial lease contains a forfeiture clause which allows the landlord to bring the lease to an end if the tenant is in breach of covenant or rent is unpaid.
- Dilapidations claims – most commercial leases contain a covenant requiring the tenant to carry out repairs (and similarly landlords sometimes covenant to keep the exterior of the premises in good repair) and these provisions often give rise to claims, particularly at the end of leases.
- Lease renewals – when the lease comes to an end the tenant may wish to renew and relevant notices have to be served under the Landlord and Tenant 1954 Act 1954. This is a complex area of the law of which our solicitors have detailed knowledge and long experience.