BUSINESS LEGAL SERVICES
BREACHES OF COMMERCIAL LEASE
Looking for the best lawyers to help you resolve a reach of lease dispute?
Commercial property disputes can be very costly, but in our experience, the sooner advice is sought, the more likely it is that resolution is achieved, and costs significantly saved.
We understand that good relationships are the foundation to any business and as such we actively encourage the use of Alternative Dispute Resolution to resolve breachs of lease without the need for court proceedings.
TENANT – Breaches of Commercial Lease
If you are facing a problem with your tenant, you need to act quickly to protect your investment.
Tenant disputes are varied but more often than not tend to include:-
- Sub-letting without permission
- Making alterations without consent
- Failing to carry out repairs
- Sharing the premises without consent
- Failing to insure the property
- Failing to maintain the property
- Using the property for unauthorised business activity
How can I force my Tenant to comply with the lease?
If your tenant has breached the terms of the commercial lease, assuming you have not yet done so, you need to ask them to rectify matters quickly.
Having done that if your tenant does not play ball, you may need to serve a section 146 notice on a tenant which will usually give them a deadline to put matters right failing which they risk forfeiture of the lease.
Breaches of lease, by a landlord
If your landlord is not behaving and it is affecting your business, you should seek legal advice.
Both your and your landlord’s obligations will be set out in the lease. If your landlord fails to meet their obligations, you will have a right of action.
Common examples of landlord breaches include:-
- Entering or attempting to enter the premises without consent
- Evicting the tenant without reasonable cause or without following due process
- Failing to insure or pay for insurance of the premises
- Failing to repair the property
How should I initially try to deal with the dispute?
Any initial dispute should always be raised with your Landlord direct. Make sure all discussions are documented and everything is in writing. Gather any supporting evidence such as photographs (for evidential purposes). Set out the breaches with reference to the lease and ask your Landlord to rectify the situation within a reasonable time-frame.
What if I can’t resolve matters with my Landlord?
If your Landlord fails to rectify the situation, you can always seek redress through the courts to force the Landlord to make good the situation. As part of your claim, you may also be able to claim any financial loss stemming from your Landlord’s breach.
With repairs, sometimes, it may be that you will need to sort those out and you can claim those back from the Landlord as part of your claim or deduct those costs from future rental payments. Evidence of any defects, repairs carried out and cost of repairs should be gathered to support your claim.
Occasionally a Landlord’s breach may mean that you are unable to reasonably operate. In such cases the you may be able to terminate the lease and walk away. Before you do that, take legal advice first.
How can we help you?
Commercial property disputes can be very costly. In our experience, the sooner advice is sought, the more likely it is that resolution is achieved, and costs significantly saved.
We understand that it is important that you maintain a good working relationship with your landlord and as such we actively encourage the use of Alternative Dispute Resolution to resolve cases without the need for court proceedings.
If you are having problems with your landlord, please contact us for a chat.
We can provide a number of funding solutions including a fixed fee quotation and payment by instalments.