If you own or lease commercial property, it is likely that you will encounter a dispute at some stage. At Bird & Co, our team of specialist commercial property disputes solicitors don’t just have experience with the law, we have the vast depth of commercial insight necessary to help individuals and businesses maximise the value of their land or property.
Dealing with commercial property, whether you are an investor, developer, sole trader, start-up, SME, or large corporation, will be essential to the success of your business.
Our expert lawyers are highly regarded for their experience in commercial property and have a strong track record for helping clients resolve disputes with minimal disruption to their operations or efficiency.
Legal action usually isn’t the first option you should consider, particularly if it’d benefit you to preserve your relationship with the other side (such is the case in many landlord and tenant disputes). We will help you explore the full range of options available to you and provide tailored advice so you can make an informed decision about the best way to proceed. This could include utilising methods of alternative dispute resolution such as mediation or arbitration. It could also include starting legal proceedings.
Our commercial property disputes solicitors’ expertise
Commercial property law can be complex so it pays to have a solicitor that understands the challenges and opportunities your situation poses. We deal with all types of commercial property stake holder, whether you are an investor, a developer, or a business that relies on commercial property for your premises.
We have substantial experience handling complex and high value disputes with a strong track record of finding flexible, cost-effective solutions in a timely manner. Utilising robust negotiation skills, it’s rare for our clients to find themselves in court. If legal proceedings do turn out to be the best option for you, we will provide practical advice about the costs and risks involved and the steps you can take the settle the matter as swiftly and positively as possible.
Our expertise includes:
- Commercial landlord and tenant disputes
- Boundary disputes
- Contract disputes
- Trespass and adverse possession
Commercial property landlord disputes
Renting out commercial property is usually a positive arrangement for both landlord and tenant. For you, the rent will cover the costs of your investment property and provide and income stream. For the tenant, they are able to affordably operate their business while enjoying the flexibility of a business lease.
However, regulating the landlord-tenant relationship can sometimes be tricky. When dispute do arise, it is usually beneficial to take all possible steps to preserve the relationship or end it on amicable terms to prevent the costs of the dispute spiralling out of control.
The business lease will regulate any issues that arise. We can review the terms of your lease and provide detailed advice about your rights, obligations and options for resolving the dispute. Our expertise includes:
- Business lease renewal disputes
- Rent review disputes
- Rent arrears and debt recovery
- Breach of covenant
- Forfeiture and relief from forfeiture claims
Commercial property tenant disputes
Maintaining the flexible use of your business premises for an affordable rate is likely to be essential to the success of your business. So if a dispute with your landlord arises, it is understandable to feel frustrated and vulnerable. Our commercial property dispute solicitors can provide professional guidance to help you resolve any issues as amicably as possible, aiming to preserve the relationship so that your business can continue to thrive.
When renting commercial property, your relationship with the landlord will be regulated by the commercial lease document. We can provide straightforward advice on your rights and obligations under the lease and our expertise includes:
- Business lease renewal disputes
- Issues over the landlord raising the rent under the rent review process
- Alleged breach of covenant and defending legal claims
- Claiming relief from forfeiture
- Defending repossession claims
- Defending dilapidations claims
In our experience, keeping lines of professional communication open with your landlord can help immensely in keeping the matter peaceful. In many cases, we are able to prevent legal proceedings being brought against you. However, where you have claims against your landlord, we will of course provide advice about your prospects for success and whether starting a claim is in your best interests.
Commercial property boundary disputes
We have a wealth of experience advising and representing commercial and agricultural clients in boundary disputes and other rights of land related claims. Our expertise includes:
- Disputes over the locations of boundaries
- Right of way and other easement disputes
- Adverse possession and squatting
- Nuisance and trespass
The difficulty with many boundary issues is that you cannot necessarily rely on the position of walls and other physical boundaries to determine exactly where one neighbour’s land ends and the other’s begins.
A full investigation of the land is often required. We are happy to liaise closely with your surveyor and undertake all possible legal searches, including reviewing title plans and accessing other Land Registry documents to try to establish the true boundary.
Commercial property contract disputes
Involving commercial property dispute resolution solicitors early on in your contract issue can put you in a much stronger position than letting the matter fester. With us by your side, you have the best possible chance of being able to find a harmonious solution, allowing you to move on and focus on running your business. Our expertise includes:
- Tenant breaches of lease, such as:
- Failure to maintain the property or make repairs
- Unauthorised use of the property
- Unlawful subletting or assignment
- Failure to insure the property
- Landlord breaches of lease, such as:
- Failure to repair the property
- Entering the premises without content
- Unlawful evictions
- Terminating a business lease
- Breach of restrictive covenant
- Service charge disputes
In most situations, we find that consistent and constructive correspondence is the best way to avoid a contract dispute escalating into lengthy and expensive litigation. As commercially focused lawyers, we aim to keep costs proportionate at all times so you can enforce your property rights without putting your business at risk.
Why choose our commercial property disputes solicitors?
At Bird & Co, we have a team of commercial property specialists with practical experience across all dispute resolution matters. Based in Grantham, Newark and Lincoln, we attract clients from across the UK, particularly London and the East Midlands, and from abroad for our expertise.
We have developed a niche in online property services so we can safely serve clients who are further afield without risking their personal data. We are Cyber Essentials certified for our secure systems and ability to exchange confidential legal information online with no risk to the client.
Our team is headed by Daniel Chard, a partner in our firm who has over 15 years’ experience handling complex and high value commercial property matters.
We are Lexcel accredited by the Law Society for our excellent standards of client care and legal practice management.
Bird & Co is independently regulated by the Solicitors Regulation Authority (SRA).