Property Litigation

Commercial property transactions and relationships can result in disputes of a broad nature, including:

• Non-payment of rent and action by the landlord to recover it
• Recovery of possession by forfeiture, after a qualifying breach of covenant by the tenant
• Termination of agreement by notice and contested lease renewals
• Tenant or landlord insolvency
• Dilapidations
• Commercial Lease Renewal Proceedings
• Enforcement of Lease Covenants

Where a landlord & tenant relationship breaks down or a dispute arises, landlords need to act carefully in the way they deal with their tenants. For example, a common mistake made by landlords is to demand payment of rent arrears and to threaten forfeiture in default of payment. Demanding rent is very likely to be held by the court as waiving the right of the landlord to forfeit the lease.

Both commercial landlords and tenants need to take legal advice before entering into a lease. Ideally, the lease should be drafted by a professional, to ensure that the terms between the parties are clear and unambiguous.

We guide you through from start to finish ensuring you take the correct course of action.