Commercial property disputes and resolution

What is a commercial property dispute?

 

Commercial property disputes are legal conflicts or disagreements that arise between parties regarding a commercial real estate. This may include offices, retail spaces, industrial properties, or other non-residential real estate. Commercial property disputes may involve a variety of issues related to ownership, use, occupancy, leasing, development, maintenance, or other aspects of commercial properties.

Types of commercial property disputes

 

Common types of commercial property disputes in England may include:

  • Commercial lease disputes: These involve conflicts between commercial landlords and tenants over issues like rent payments, lease terms, repairs, maintenance responsibilities, lease renewal or lease termination.
  • Rent review disputes: When the lease agreement contains provisions for periodic rent adjustments, disputes can arise over the calculation of the new rent amount.
  • Commercial rent arrears recovery: Commercial Rent Arrears Recovery (CRAR) is a legal process that allows landlords of commercial properties to recover unpaid rent from tenants by seizing and selling the tenant’s goods. This usually occurs when the tenant is unable or refuses to pay rent.
  • Boundary disputes: Conflicts may arise over the exact boundaries of a commercial property or disagreements about rights of way and easements.
  • Construction disputes: Disagreements between property owners and contractors or builders can arise. This may be due to issues such as construction defects, breach of contract, delays, cost overruns, or disputes over change orders.
  • Planning and development disputes: Conflicts can arise over planning permission or property development rights.
  • Breach of covenant claims: These involve alleged breaches of obligations outlined in the lease agreement, such as restrictions on property use or alterations.
  • Forfeiture and possession proceedings: These involve actions taken by landlords to repossess a property due to tenant defaults, such as non-payment of rent or lease breaches.
  • Disputes over service charges: Conflicts between landlords and tenants over the calculation and payment of service charges for maintenance, repairs, and shared facilities.
  • Professional negligence claims: Disputes arising from alleged negligence by professionals involved in property transactions, such as surveyors, architects, or solicitors.
  • Contractual disputes: Conflicts that arise from disagreements over property sale agreements, development contracts, or other commercial property-related contracts.

 

Resolving your dispute

 

If you have a commercial property dispute, you may wish to take legal action.

Resolving commercial property disputes in England and Wales typically involves negotiation, mediation, arbitration, or, if necessary, litigation through the courts.

Parties may also seek guidance from property experts, surveyors, and legal professionals specialising in property law to help them navigate and resolve these disputes effectively.

Commercial property disputes can be difficult and time consuming to resolve on your own. Expert Commercial Law have a panel of property litigation solicitors on hand to provide you with specialist legal advice and assistance.

All of the solicitors on our panel have the experience and expertise required to take on your case. We only select the best in the business. All of our solicitor firms are authorised and regulated by the Solicitors Regulation Authority (SRA) and offer a range of funding options for your case.

We are not a firm of solicitors; we have a panel of commercial law solicitors. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm.

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Please note, we are not a firm of solicitors; however, we maintain a panel of trusted and regulated legal experts. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm in return for a fee from our panel firms. We will never charge you for passing on your case to a panel firm. 

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