Commercial landlords, freeholders and business property owners
Commercial property dispute solicitors
Advice for landlords and owners on commercial lease disputes, from rent arrears and dilapidations to break clauses and lease renewal.
A commercial lease is a long financial instrument, and disputes under it are usually about money, occupation or timing. The tenant is behind on rent or service charge, the premises are not being maintained, a break notice has been served, or the parties disagree about what happens at the end of the term.
The answer is nearly always in the lease. We read the covenants, the payment provisions and the notice machinery, then advise on the option that protects the income stream and the value of the reversion.
Who this service is for
- Landlords of shops, offices, industrial units and mixed-use buildings
- Freeholders and investors with commercial tenants in occupation
- Property companies dealing with a portfolio of commercial leases
- Managing agents and surveyors needing legal support on a lease issue
Commercial lease issues we advise on
- Rent and service charge arrears
- Demands, rent deposits, guarantors and former tenants, commercial rent arrears recovery, debt claims and payment plans.
- Breach of covenant
- Repair, alterations, use, insurance and compliance breaches, and the notices required before a remedy is pursued.
- Dilapidations
- Interim and terminal schedules, the statutory cap on damages, reinstatement of alterations and negotiation between surveyors.
- Break clauses
- Validity of break notices, conditionality, vacant possession and payment conditions, and disputes about whether a lease has ended.
- Assignment, subletting and change of occupier
- Consent applications, unreasonably withheld consent, unauthorised occupiers and authorised guarantee agreements.
- Renewal and termination
- Lease renewal and opposition where the tenancy is protected, contracted-out arrangements and the end-of-term timetable.
How Resolve can help
- Advise quickly on whether a right — to forfeit, to recover arrears, to oppose renewal — exists and has not been lost
- Draft and serve notices correctly, or challenge notices served on you
- Run arrears recovery in the way most likely to produce payment rather than an empty unit
- Work with your surveyor on dilapidations so liability and quantum are argued together
- Conduct proceedings where negotiation does not produce a sensible result
Typical steps
1. Lease and ledger review
We check the lease terms, the demand history and any waiver risk before advising on options.
2. Strategy and notice
We confirm the commercial objective and serve, or respond to, the correct notice within time.
3. Negotiation
Structured correspondence, surveyor-to-surveyor discussion where appropriate, and offers designed to protect costs.
4. Proceedings and recovery
Claim, defence or tribunal application, followed by enforcement or implementation.
Why instruct us on a commercial lease dispute
- We act consistently for the landlord and owner side of commercial property
- Advice is framed around the income and the reversion, not just the legal question
- We work alongside your existing agent or surveyor rather than duplicating their work
- Watford office acting on commercial premises across London and the South East
Where we act
We advise on commercial premises in London, Watford, Hertfordshire and across England & Wales, dealing with the county court or High Court that has conduct of the claim.
Frequently asked questions
What can a commercial landlord do about unpaid rent and service charge?
Options include a formal demand, drawing on a rent deposit, pursuing a guarantor or former tenant, commercial rent arrears recovery, a debt claim, or forfeiture where the lease allows it.
The right route depends on the lease terms, the tenant's solvency and whether you want the tenant to remain in occupation.
How are dilapidations claims dealt with at the end of a commercial lease?
A landlord serves a schedule of dilapidations setting out the alleged breaches of repair, decoration and reinstatement covenants, supported by a costed assessment.
The claim is then tested against the lease terms and the statutory cap on damages, and is commonly resolved by negotiation between surveyors with solicitors advising on liability.
Why do break clauses so often fail?
Break clauses are construed strictly. Notices fail because they are served late, served on the wrong party or address, served in the wrong form, or because a condition such as payment of rent or giving vacant possession has not been satisfied.
Advice taken before the notice is served is far cheaper than a dispute about whether the lease has ended.
Start Your Enquiry
Tell us briefly what has happened and what you need. Email and telephone are both required so we can respond in the way that suits you.