As leading litigation solicitors, we are ready to help you address the unique challenges of commercial real estate. Whether you are navigating boundary disputes, addressing breaches of contract, or dealing with complex matters like beneficial interest claims, our dedicated team at Blacks Legal are here to guide you. Reach out to our commercial property litigation solicitors today.
Commercial property litigation involves disputes related to business real estate. Issues may arise between property owners, developers, investors or tenants and relate to the ownership, management or general use of the property or land. At Blacks Legal we understand it can be a troubling time, especially when developments or day-to-day business is affected by litigation. Our commercial property litigation solicitors specialise in providing comprehensive solutions to an array of property-related disputes, offering expertise in the following key areas:
Land registration is a critical aspect of property ownership. It’s a clear and accessible record which confirms property ownership, rights and interests. Sometimes however, disputes can arise over title discrepancies, unclear boundaries or even the question of fraudulent activity with a prior deed.
Breaches of contract in property transactions can lead to severe legal consequences. Whether these issues arise from issues such as; property sales, leases, defaults or failure to carry out allocated repairs. If a contact has been breached, you need the help of a commercial property litigation solicitor.
Service charge disputes are commonplace in leasehold properties, requiring careful attention and negotiation. Although service charges are often outlined in tenancy agreements, problems can still arise regarding reasonableness of costs, payment timings or consulting with the property owner before agreeing to additional charges.
Legal disputes come from the exercise, or non-exercise, of break clauses in commercial leases. Break options allow either the landlord or tenant to terminate the lease before its scheduled expiration date, providing flexibility in responding to changing circumstances. Disputes can arise if there are disagreements over the conditions, notice or timing of a break option.
Navigating issues related to assignment, sub-letting, change of use, and alterations can be multi-faceted. Litigation can be brough regarding compliance with local laws, owner consent, impact on the property and the lease agreement terms.
There are various reasons why the landlord of a commercial property may require the services of a commercial property litigation solicitor. Common disagreements between tenants and landlords include:
This can be a tricky area to navigate as disputes may arise over responsibility for repairs, insurance coverage, or compensation for losses incurred due to the damage. More often than not it comes down to how the leak or flood happened, i.e. whether it was due to failing to clear out the gutters surrounding the property, or a lack of maintenance to the building’s pipes and water system. If it’s the latter, then tenants may argue that the landlord failed to maintain the property adequately, leading to the flooding or leaks. If it’s the former, then landlords may contend that the tenant's negligence contributed to the issue.
After the root problem has been established, we will sit down with you to review the lease agreement; particularly the clauses related to maintenance responsibilities and property insurance. We can then discuss what appropriate action to take.
Forfeiture occurs when a landlord terminates a lease agreement due to a breach of contract by the tenant, such as violating lease terms, or the most common reason; non-payment of rent. In the first instance, landlords serve notice of forfeiture via hand delivery, post or email, which will outline a period of time to remedy the situation.
Depending on the terms of the lease agreement, the landlord can change the locks without forewarning. However, it’s crucial for landlords to follow the correct steps to ensure the process of forfeiture is lawful. Similarly, for tenants disputing the forfeiture, it is highly advisable to seek legal guidance before responding.
Whether you are a landlord, or tenant, we can walk you through the end-to-end process and outline all possible outcomes, to help avoid a lengthy and costly dispute.
Rent reviews are built into commercial tenancy agreements, usually occurring 3-5 years after the initial document was signed, depending on the agreement. Issues arise when the landlord and tenant disagree over the amount of increase proposed. This can be down to a conflict over the true market value of the building, the state of the actual building, or the date on which a raise was proposed, i.e. before the previously agreed deadline.
We can support the liaison between both parties, ensuring that the negotiation remains civil and that an agreement is reached.
Dilapidations refer to the state of disrepair or neglect in which a tenant leaves a leased property at the end of the lease term. Disputes can arise over the extent of the tenant's liability for repairs and restoration.
At the end of a tenancy agreement, a landlord may serve a Schedule of Dilapidations, which specify any repairs that need to be completed, and a reasonable time with which to finish them.
Should you, as either a landlord or tenant, disagree with the outlined repairs, it’s highly recommended to seek legal advice to avoid a lengthy and sometimes confrontational situation. We can help with interpreting lease agreements to determine repair responsibilities, and also conduct negotiations to settle the matter efficiently.
