By definition, commercial property is a building that houses businesses and organisations that pay commercial rent for a lease. It can also refer to any land utilised to generate profit as well as large residential properties. When it comes to commercial property disputes, it is important to find a reliable solicitor that can manage these issues.
Contentious property disputes can arise between commercial landlords and tenants, and they need to be resolved efficiently, in order to avoid financial detriment.
In most cases, the rental and the leasing process proceeds smoothly and no legal issues occur. However, when they do, it’s important to arm yourself with the best legal advice to protect yourself and your assets. Here at Van Eaton, we have significant experience in resolving commercial property disputes in London and the surrounding areas. We can assist both commercial landlords and tenants with a range of disputes, including the termination of contracts, breaches of contract and forfeiture.
Are you wondering where you can find effective property dispute resolution? Read our article below to see how we can help you.
Typical Tenancy Disputes
There are a range of tenancy disputes that can arise in commercial property litigation, from financial issues to boundary disagreements. The main arguments that occur include:
- Unpaid rent. Also known as “rent arrears,” when a tenant doesn’t pay their rent on time, it can cause a range of issues. There are plenty of reasons why someone may be late with their payments, so it’s recommended that you approach your tenant first to figure out any issues they may be having. If your tenant fails to reply to the notification that they are in rent arrears, it’s time to seek legal advice
- Dilapidation issues. If you are a tenant, and you find that your property is uninhabitable or in a condition that was not in your contract, you need to bring it up with your landlord. If they fail to respond to your concerns or don’t fix the problem in an optimal way, then you may need to seek legal advice. Accidents or injury caused by a dilapidated building can cause a landlord severe financial detriment, so it’s important to resolve issues as soon as possible.
- Forfeiture of a lease. If a tenant breaches their contract, a landlord can forfeit their lease and enter the property, which can lead to a termination of the contract. This can take place immediately or after a period of notice. To forfeit a lease, the landlord needs to determine whether they have the right under the terms of the lease.
How to Avoid Legal Action
The first thing any landlord or tenant should do is talk things through amicably. Seeking legal advice and becoming involved in court proceedings can be costly and should never be the first option
In order to prevent tensions from rising, try to keep your line of communication as open as possible, and avoid aggressive language, raised voices and hostility. Also, if you are a landlord, try to be sympathetic towards your tenant, especially if they are struggling to pay their rent. There are many reasons why someone may be late in paying their bill, so make sure you build a good rapport with your tenant by listening to what they have to say.
By listening to each other and communicating, you build trust with the opposing party if you reach an understanding. Ensure that you’re as open as possible to any reasonable solutions to avoid legal proceedings, as they’re not cost-effective and a loss could mean financial detriment. If an agreement cannot be met, then legal action might need to be taken.
Here at Van Eaton, we have vast experience dealing with commercial property disputes in London and the surrounding areas. We aim to provide you with the best results as efficiently as possible, and we will provide a full service starting from your claim to any necessary actions that need to be taken.
In any commercial property dispute, the situation can become incredibly stressful and can take its toll on all parties involved. If negotiations solely between you and the opposing party (whether that be the landlord or tenant) don’t result in an agreement, then seeking legal advice might be the best solution. Not all property dispute resolution takes place in court proceedings, and can be dealt with between solicitors through negotiation or mediation.
We always ensure that the appropriate course of action is taken in all of our cases, and we always try to make sure that claims don’t reach court. Alternative dispute resolution such as mediation and negotiations will take place, ensuring that you get the result you want as effectively and efficiently as possible.
If you find that you’re involved in a commercial property dispute, and need legal advice or representation, we’re here to help.
Our team at Van Eaton solicitors deal with commercial property disputes in London and the surrounding areas. Whether you’re a tenant or a landlord, we can help to ensure that you get the most appropriate result as quickly as possible. Our team is experienced in providing clients with effective service and legal advice, and we always make sure that we apply this rapport to every client we work with.
If you need some advice concerning commercial property, please get in touch with us by calling 0208 769 6739 for a consultation. Alternatively, you can fill out our online form here.