A lease of commercial property is a contract between the landlord and the tenant. Usually, there will be a written document (a lease, or tenancy agreement) which sets out the terms of the lease, but not always. In addition to the terms that have been agreed, there is also legislation which adds to or overrides terms in leases. Often there is more than one party; the relationship can involve a head landlord, a landlord, and a sub tenant or under tenant. Sometimes the lease has been assigned from one tenant to another during the term.
Lease disputes encompass a very wide range of disputes. The dispute could arise during the term of the lease or might arise at termination. Some common types of dispute are covered in:
- Consent for alterations
- Break clauses
- Disputed lease renewals
- Non-payment of rent/forfeiture
Sometimes the dispute might be about what a clause in the lease means, or whether or not a party has breached it. It might be about which parts of a building are included in a demised premises, or whether a tenant is subletting, in breach of the lease.
We can provide the technical legal advice about the contractual and statutory rights and obligations of each party, but we can also give practical assistance, with options for resolving the dispute and either getting landlord and tenant relations back on track or taking more rigorous measures such as forfeiture or court proceedings.