Landlord and tenant issues are bound to arise when the prosperity of two businesses is directly related to commonly held commercial property. At Housing and Property Law Partnership (HPLP), we offer tailored, individualised legal services for commercial landlords, tenants or managing agents. As a boutique firm located near central London, we offer specialised services at competitive prices for clients throughout the greater London area and South East England.
Protecting Your Rights to Commercial Property
Our firm focuses exclusively on handling all aspects of property law, whether in commercial property or residential property. We have established expertise recognised by professionals within the sector. We use our experience to assist commercial landlords and tenants with disputes regarding:
- Rent reviews
- Lease renewals
- Breach of user covenants
- Breach of lease agreements
- Licence disputes
- Guarantors and their rights and obligations
- Security of tenure issues
Our solicitors are well-versed in the rights granted to either landlords or tenants according to the Landlord and Tenant Act of 1954 (also referred to as "the '54 Act"). Whether you wish to secure your tenancy from being reclaimed by your landlord or to enforce your right as a landlord to adjust rent to reflect current property values, we have the expertise to assist you.
BREACH OF LEASE AND DILAPIDATIONS
Where a commercial tenant is in breach of the terms of the lease, the landlord's main remedies include court action for a claim for damages for breach of covenant or an order for specific performance of the lease whereby the tenant is forced to do what he or she agreed to do.
The landlord can also seek forfeiture of the lease whereby the lease is brought to an early end by reason of the tenant's breach of covenant. A commercial landlord can also peaceably re-enter the tenant's commercial premises and forfeit the lease. Forfeiture of the lease is always subject to the right of the tenant to apply to the court for relief from forfeiture whereby the lease is reinstated provided the breach is remedied by the tenant.
Dilapidations are breaches by commercial tenants of covenants to repair at the end of the term of the lease. Where the term of the lease has come to an end, a claim for damages is the only remedy available to a landlord. The amount of damages for dilapidations are often assessed by reference to the cost of putting the property into the state it should have been left in at the end of the term plus the loss of rent to the landlord while these repair works are carried out.
The amount recoverable by a landlord where there are dilapidations at the end of the term is subject to the application of section 18(1) of the Landlord and Tenant Act 1927. The amount of damages recoverable from the tenant is limited by the amount by which the landlord's freehold reversion has fallen in value as a result of the dilapidations. In addition, if the landlord intends shortly after the end of the term to pull the property down or do major structural alterations, then no damages shall be recovered from the tenant. HPLP's solicitors are experienced in acting for both commercial landlords and tenants when faced with these types of problems.
Commercial Property Litigation
Companies come to HPLP for advice and solutions to a wide range of commercial property problems. We offer tailored legal services for commercial landlords, commercial tenants, developers, retailers and businesses in many sectors and of many different sizes. We offer our services to companies at flexible and competitive prices, particularly for London.
We work closely with our firm's commercial property department in a pro-active manner to deal with commercial property issues before they become problematic. We provide cost-effective and practical advice, which adds value to the business. We act for both commercial landlords and tenants and so know what the other party is thinking.
Landlord and tenant issues are bound to arise when the prosperity of businesses is directly related to commercial property issues. While property disputes are increasingly a fact of life in today's tough economic times, any advantage is one worth having and can make all the difference. In times of economic downturn, preserving a commercial landlord's rental income by advising when a conditional break clause has not been exercised correctly, for instance, could be crucial.
We routinely assist with property disputes involving:
- Business lease renewals involving the workings of the Landlord and Tenant Act 1954 and termination
- Rent reviews
- Recovery of rent
- Service charges
- Breaches of covenant, landlord and tenant default and forfeiture
- Break clauses
- Dilapidations and disrepair
- Landlord's refusal to permit assignment of leases and alterations
- Unlawful assignments
- Guarantors and their rights and obligations
- Property related insolvency and Law of Property Act receivers
- Restrictive covenants and easements, including rights to light
- Development disputes
We understand that pursuing litigation can be a costly and time-consuming procedure for a business. Wherever possible, we seek amicable resolutions through mediation or other means before taking the matter to court. Should litigation become necessary though, we work efficiently to obtain effective results so as to save the business time and money.
Pursuing Your Best Option
We understand that pursuing litigation can be a costly and time-consuming procedure for your business. Wherever possible, we seek amicable resolutions through mediation or arbitration before taking the matter to court.
We never take a case to court unless we believe it is in your best interests — and in the best interests of your business — to do so.
Should litigation become necessary, we work efficiently to obtain effective results so as to save you time and money. Our solicitors can be in court within hours if necessary to ensure your rights are protected.
Contact Our Firm
At HPLP, we offer boutique services at competitive prices for commercial landlords or tenants renting commercial property who may be involved in various disputes.Contact our office to discuss your situation with our dynamic London property management solicitors.