Commercial Litigation
Commercial Property Litigation
A leading team of Commercial Property Litigation Solicitors in Manchester and London
Commercial property disputes can invariably arise in the commercial property world. Monarch Solicitors’ commercial property disputes & litigation lawyers advise and assist your business in disagreements relating to commercial property as well as residential property, whether the property is of freehold or leasehold tenure or the dispute relates to agricultural land or a commercial lease.
How Our Property Disputes & Litigation Solicitors Can Help You
Our approach to commercial property disputes is to rapidly negotiate a solution and settlement as we appreciate that commercial property disputes can lead to huge financial losses. However, where a matter ends up being litigated in the courts, our highly skilled commercial property litigators will guide you through the process to ensure the best outcome for your business.
Whether you are a landlord or tenant of a commercial property, if you find yourself in a dispute situation, it is best to seek expert legal advice as early as possible to prevent the dispute from escalating.
About Our Property Disputes & Litigation Lawyers
Our commercial property team has a formidable reputation for bringing and defending complex claims throughout England and Wales on behalf of private and institutional landlords, investors, retailers, developers, property management companies and financial institutions.
We are also members of the Commercial Real Estate Legal Association.
Monarch Solicitors’ expert property litigation solicitors have considerable experience in dealing with all types of commercial property disputes, but most commonly we deal with the following areas of contention:
General Commercial Property Disputes
- Construction disputes (involving builders, surveyors, engineers, architects)
- Planning permission disputes
- Joint property or Co-ownership disputes
- Property transfer disputes
- Squatters and unlawful occupation
- Adverse possession claims
- Agricultural land and property disputes
- Enforcement of easements
- Flooding and Environmental Agency disputes
- Infringement of property rights
- Mortgage possession claims
- Party wall and boundary disputes
- Trespass claims
- Injunctions and emergency court actions
- Professional negligence in property matters
Commercial Landlord & Tenant Disputes
- Rent arrears recovery
- Commercial Rent Arrears Recovery (CRAR) against goods
- Commercial lease renewals (contested under LTA 1954 and uncontested)
- Lease renewals
- Assignment, Sub-Letting and Under-Letting
- Break clause rights and surrenders of leases
- Dilapidation and repair claims
- Forfeiture, peaceable re-entry & repossession
- Residential tenant evictions
- Landlord and tenant insolvency
- Tenant insolvency – rights and remedies
- Notices to terminate lease: landlord and tenant
- Rent review arbitration
- Rent deposit disputes
- Restrictive covenant issues
- Nuisance & breaches of lease covenants
- Service charge disputes
- Lease guarantor disputes
Alternative Dispute Resolution – Mediation & Arbitration
If you do not want to go to court, or your contract or lease agreement has an Alternative Dispute Resolution (ADR) clause in it, we can assist you in fighting your corner. The main 2 types of ADR involve mediation and arbitration.
Mediation involves a third-party mediator who will investigate the underlying problems and help the parties negotiate a settlement.
Arbitration involves an arbitrator, who is someone that investigates a commercial dispute in a similar way to the courts and has the power to impose a binding settlement on the parties involved.
Property Disputes & Litigation Lawyers, UK
Whether your organisation operates solely in the UK, or across multi-jurisdictional dimensions, our flexible and pragmatic relationships with a global network of associated law firms enable us to seamlessly deliver property litigation & disputes resolution services over different jurisdictions.
If you are based outside the EU or are in a country that is a signatory to the Lugano Convention 2007 (Iceland, Switzerland, Norway and Denmark) the court will consider if England and Wales is the most appropriate place in which to bring your claim and ensures that the resulting judgment can be recognised and enforced across borders.
Property Disputes & Litigation Costs & Service Transparency
We offer a transparent pricing structure, and can potentially offer a No Win No Fee, Commission Based Fees, Discounted Conditional Fee Agreements or arrange After the Event Insurance to help you with litigation costs in commercial property litigation.
If you are considering taking Court action the costs of litigation in a commercial property disputes claim should be weighed against the amount likely to be received in damages and the loss of reputation to your business.
We know it’s important to your business that the legal costs of the property dispute are kept under control so as to not affect your cash flow.
We’ll not only ensure that you’re aware of costs implications from the outset, we’ll provide you with step-by-step cost estimates or fixed fees for each stage of the work. We’ll also consider funding options to suit your business needs so you can be sure that our legal services are cost effective.
For more information regarding legal funding options, please click here for more information.
We are clear in our advice and completely transparent with our fees.
Contact Our Property Disputes & Litigation & Solicitors in Manchester and London, UK
For more information about our property disputes & litigation service please complete our online contact form here or send an email to us at [email protected] and one of our solicitors specialising in property disputes and litigation shall call you back.
Alternatively, please call our property disputed and litigation lawyers on 0330 127 8888 for a free and confidential no obligation discussion.
Monarch Solicitors is a leading UK law firm with specialist commercial property litigation solicitors ready to offer their expertise. Our award-winning Manchester solicitors, London solicitors and Birmingham solicitors offer their legal expertise nationally and internationally.
We are also able to leverage an international network spanning across Hong Kong, Turkey and Dubai to provide seamless assistance with cross-border matters relating to commercial property litigation.
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FAQ
The break clause should set out the date of the break clause, the rights you have to bring the lease to an early end, and the steps you need to take exercise the break clause option.
The steps to exercise a break option will depend on the conditions stated in the lease.
Generally, you will need to provide a written notice to the landlord before a specific date to notify the landlord that you intend to exercise the break clause option in the lease. However, the landlord does have the right to reject the break clause under certain circumstances such as if you were falling in rent arrears, or if there are any breaches of the lease.
You can dispute a service charge if the landlord has either failed to provide the service, or the calculation or apportionment of the service charge is incorrect. You can make a dispute by writing to your landlord and the grounds for the dispute. If this does not result in an agreement, you will need to make a formal complaint following a formal complaint procedure if your landlord or agent has such procedures. If there are still disagreements, then you may apply for a First Tier Tribunal, also known as a Leasehold Valuation Tribunal or County Court. This is a hearing for both sides to make their cases to the Tribunal who will ultimately decide whether the service charge was fair or not.
In the first instance, you should look at the rights you have in the lease. You may have rights to assign the lease to another business, or to sublet the premises. However, assigning or subletting a lease does necessarily mean removing the responsibilities and liabilities away from you or your business.
Another option would be to negotiate with the landlord into surrendering the lease. This option has financial repercussions, as generally, the landlord would expect a payment to agree with the surrender of the lease.
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