Is your business lease
giving you a headache?

 

Finding the right commercial premises can be a major challenge. All businesses need somewhere to base themselves that is the right size, in the right location, with the right facilities and at the right price for them. Having to move can be a major upheaval and cause a significant amount of disruption to business operations.

Our solicitors can help you deal with or avoid a commercial property dispute , from negotiating the terms of a letting to bringing a lease to an end. Based near Liverpool Street station in East London, we advise businesses right across London and beyond. We offer a comprehensive service, from initial advice to representation at court.

We can help with:

Negotiating a commercial lease

If you are looking to renew your lease shortly before it is due to expire, we can assist with completion and service of the relevant statutory notices on your landlord. If your landlord does not contest the renewal of the lease, we can assist with negotiation over the rent and any other contractual terms.

If your landlord wants to contest the lease, for example because they wish to redevelop the property you occupy, we can advise you on the merits of the landlord’s case and on whether an application to court to challenge the refusal to grant you a new lease is justified.

Disputes over service charges and other costs

Your lease will set out the type of expenses that your landlord is entitled to recover for the maintenance, upkeep and insurance of the premises you occupy. Sometimes, a dispute can arise over whether an item counts as a repair or an improvement or whether the landlord has fairly apportioned the service charge with other tenants in a shared unit. We can advise you on the recoverability and reasonableness of the charges proposed.

Breach of covenant

Disputes can also arise over responsibility for breaches of the various obligations within a lease, particularly where the lease has been assigned to someone else and it is unclear whether this has released the previous landlord or tenant from their responsibilities. We can advise you on your liabilities and rights and try to negotiate an agreed way forward. If necessary, we can also help you resolve the issue in court.

Break options

There may be occasions where a tenant wishes to bring an early end to the lease. We can help both tenants and landlords in this situation. From the tenant’s perspective, we can help you negotiate with your landlord about the date on which the lease should be broken, how the rent should be apportioned and how any outstanding repairs or other obligations ought to be dealt with. From the landlord’s perspective, we can advise on what you need to do to ensure a tenant who wishes to exit a lease early does so in the least disruptive way possible and only on condition that all of their existing and any future obligations are met.

Landlord consents

There may come a point during the lease where it becomes clear to the tenant that they need to change the nature of their business, or they need to carry out physical alterations to the premises, or they need to think about subletting part of the premises to help cover the rent. In most cases, the consent of the landlord will be required to do any of these things, and a failure to obtain this consent could result in the tenant breaching the terms of their tenancy agreement and therefore exposing themselves to the risk of their lease being terminated. Landlords should act reasonably in considering tenant requests and, unless the lease says otherwise, resist the temptation to say ‘no’ where this is not justified. We can help landlords and tenants process requests for consents fairly.

Funding the cost of legal advice

Where possible, we will attempt to agree a fixed fee for our commercial property advice, or we will give you as clear a price as possible for each stage of the case.

Contact us for expert legal advice

Contact our property lawyers today, we are ready and waiting to help.