How Can a Commercial Property Solicitor Help Me with a Dispute?

From issues with rent arrears to terminating a tenancy early, there are many potential problems that can arise when dealing with commercial property. Property disputes can be complex and time-consuming, causing significant stress and financial implications for all parties involved. In these situations, seeking the assistance of a commercial property lawyer can play an important role in finding effective solutions. Read on to discover how commercial property lawyers can help resolve property disputes, reaching solutions that are as fair as possible for everyone involved.

What are the most common types of property dispute?

When it comes to commercial property, disputes will inevitably occur from time to time. Here are some common examples of property disputes you may encounter:

Rent review

If you want to keep your commercial property thriving, it's a smart move to have rent review provisions in the lease. These provisions give you the right to review and potentially increase the rent when necessary. However, you will need to handle commercial rent negotiations carefully. Make sure the lease has clear rules for rent review. It should include a process for both parties to try and agree on the new rent. And if they can't, it should involve an unbiased third party like a surveyor or arbitrator. Having these measures in place ensures a fair and transparent rent review process, safeguarding your interests in the long run.

Lease renewal

When a tenant approaches you about extending a commercial lease, it can be a sensitive matter, often more delicate than rent review negotiations. While it may benefit the tenant, it may not align with the landlord's best interests. To terminate a protected lease, it's recommended to consult with a solicitor who can provide valuable guidance and ensure your rights are protected throughout the process. A skilled solicitor will handle the situation with care and address all necessary steps to handle the extension appropriately.

Terminating a commercial lease

Another common dispute that often arises in commercial property involves the termination of a lease. It's possible that either you or your tenant may want to terminate the lease before its scheduled end date. In the tenant-landlord agreement, there may be a break clause that allows either party to end the lease early if certain conditions are met. As a landlord, it is essential to safeguard your interests and carefully consider whether you want to grant the tenant the right to terminate. Additionally, you should assess whether the tenant has fulfilled all legal requirements to validly exercise the break clause. On the other hand, you might also want to assess your own position and determine if terminating the lease early would be advantageous. After all, by serving a break notice, you could potentially secure a new tenant on more favourable terms. Again, it's important to consider all aspects and seek legal advice to make informed decisions that align with your best interests.

Rent arrears and breaches of the lease

Sometimes, problems can arise when a tenant starts missing rent payments or violates important terms of the lease. Usually, there are specific obligations for tenants, like taking care of repairs or not subletting the property without permission. If the tenant is behind on rent or has breached the lease, you might want to consider taking action to terminate the lease. However, this can be a complicated process, and it's important to seek legal advice before making any moves. It's easy to unintentionally give up your right to terminate the lease through your own actions, so you should get advice as soon as possible if there are any breaches of the lease that you want to address.

Construction disputes

Construction disputes can occur during the construction or renovation of a commercial property. These disputes may involve delays in project completion, cost overruns, disputes over the quality of workmanship, or breaches of construction contracts. Commercial property lawyers can review construction contracts, assess project documentation, and negotiate with contractors, subcontractors, or suppliers to find a resolution. In cases of significant disputes, they can also represent clients in litigation or alternative dispute resolution proceedings to protect their interests.

Boundary disputes

Boundary disputes happen when neighbouring property owners have conflicting claims over the location or ownership of a shared boundary. There may be disagreements over the exact boundary line, encroachments onto neighbouring properties, or the use of shared amenities like fences, walls, or driveways. Commercial property lawyers can assist in resolving boundary disputes by examining property surveys, land records, and historical documents to determine the accurate boundary lines. They can also negotiate agreements between the parties or represent clients in court to resolve the matter.

How can commercial property solicitors help with disputes?

Property disputes can become expensive and time-consuming. Your best course of action is to seek immediate legal advice, and this is where commercial property solicitors can help you. Here are just a few ways commercial property solicitors provide assistance:

Expert legal advice and guidance

Commercial property lawyers possess extensive knowledge and expertise in property laws and regulations. Their understanding of local and national laws enables them to provide valuable legal advice and guidance to their clients. When faced with a property dispute, it is wise to consult with a commercial property lawyer who can assess the situation objectively, analyse the legal aspects, and provide informed recommendations. These professionals can help clients understand their legal rights and obligations, ensuring they make well-informed decisions throughout the dispute resolution process. By thoroughly examining the contractual agreements, lease terms, property deeds, and other relevant documents, commercial property lawyers can identify potential loopholes or legal issues that can be leveraged to find a favourable resolution.

Mediation and negotiation

One of the primary roles of commercial property lawyers in resolving property disputes is to act as mediators and negotiators between the conflicting parties. They strive to find common ground and facilitate constructive communication to reach a mutually agreeable solution, therefore avoiding costly and time-consuming litigation. During mediation, commercial property lawyers act as neutral third parties, facilitating discussions and encouraging compromise. They can identify the underlying interests and concerns of each party and help them find creative solutions that meet their respective needs. By employing effective negotiation techniques, such as exploring alternative dispute resolution methods, commercial property lawyers can often achieve faster and more cost-effective outcomes.

Litigation and representation

In some cases, property disputes cannot be resolved through mediation or negotiation, requiring the involvement of the court system. Commercial property lawyers are well-versed in litigation processes and can represent their clients' interests in court. They have the necessary skills to prepare and present a strong legal case, ensuring their clients' arguments are effectively articulated and supported by evidence. Solicitors will be able to navigate complex legal procedures, file necessary documents, and advocate for their clients' rights in front of judges and juries. Their expertise in presenting legal arguments, cross-examining witnesses, and challenging opposing parties' claims can significantly increase the chances of a successful result.

Alternative dispute resolution

Apart from mediation and negotiation, commercial property lawyers can also employ alternative dispute resolution (ADR) methods to resolve property disputes. ADR techniques, such as arbitration and expert determination, offer a more informal and expedited process compared to traditional litigation. Commercial property lawyers can guide their clients through the ADR process, ensuring they understand their rights and obligations. They can help clients select the most appropriate ADR method for their specific dispute and represent their interests during the proceedings. By applying their legal expertise, commercial property lawyers can effectively present their clients' case and secure a fair and binding resolution.



Seek expert commercial property advice from Andrew Lee Property Lawyers

Buying, selling or leasing a property can be a complicated process. With the range of paperwork and documentation required, it can be easy to overlook or misunderstand elements of your contract. The team at Andrew Lee & Co Property Lawyers provide quality conveyancing and property law services that you can count on. Our experienced, fully qualified and accredited professionals are governed by the Council for Licensed Conveyancers and will guide you through your contracts to ensure that you thoroughly understand and agree with all the terms before you sign - contact us today to find out more about our professional services.