New research by legal publisher Sweet & Maxwell has found that the number of High Court legal disputes between commercial property landlords and tenants has surged by 43 per cent.
Although most landlord and tenant disputes are settled before they reach court, these figures prove that problems can escalate. The rise in the number disputes (and legal action) can probably be blamed on the recession, with tenants desperate to reduce their property overheads and landlords keen to protect the investment value of their properties. Particular problems that can – and do – arise include the following:
1. A tenant trying to sublet office space;
2. A tenant wanting to assign a lease to another company;
3. A tenant failing to carry out repairs (during a lease or at termination of a lease);
4. A landlord breaking his obligations under a lease;
5. A landlord refusing to accept that a break clause served by a tenant has been validly given, or the break conditions complied with;
6. Disagreements over the level of service charge payable; and
7. Rent review disputes.
These are of course just some of the problems that can arise between landlords and tenants. Disputes involving commercial leases can threaten a landlord’s investment and a tenant’s livelihood, so it is essential that you take legal advice as soon as possible.
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