Commercial Property Litigation

Commercial property disputes can significantly impact your business operations, financial health and overall commercial interests. Our expert team of commercial property litigation solicitors is dedicated to resolving these issues swiftly and cost-effectively, minimising disruption to your business.

Our thorough understanding of the legal landscape enables us to handle even the most complex property disputes effectively. Whether you are a commercial landlord, tenant, property manager or business owner, JMW will be able to handle even the most complex property disputes as swiftly and effectively as possible.

To find out how our expert commercial property litigation solicitors can help you, contact us on 0345 872 6666, or fill in our online enquiry form and we will get back to you.

Our Commercial Property Litigation Services

At JMW, our commercial property litigation solicitors provide a wide range of services to address and resolve various property disputes effectively. Our goal is to protect your commercial interests and ensure your business can operate smoothly. Here are the services we offer:

• Assignments and underletting: we assist in disputes related to the assignment of leases and subletting, and ensure that all parties comply with the lease terms and statutory requirements.
• Break notices: our team advises on the validity and enforcement of break notices, helping you navigate the complexities of terminating a lease early.
• Breach of covenant claims: we represent clients in claims involving breaches of lease covenants, protecting your rights and seeking appropriate remedies.
• Building Safety Act: we provide legal support concerning compliance and disputes arising under the Building Safety Act, ensuring your property meets all safety regulations.
• Business rates disputes: our solicitors help to resolve disputes related to business rates, aiming to minimise financial burdens and offer fair assessments.
• Dilapidations: we handle claims for dilapidations at the end of a lease term, representing either landlords seeking compensation or tenants disputing the extent of their obligations.
• Forfeiture: we advise on the process and implications of forfeiture, helping landlords regain possession of their property when tenants breach lease terms.
• Lease renewal: our team assists with lease renewal negotiations and disputes, ensuring favourable terms and protecting your commercial interests.
• Nuisance and trespass claims: we represent clients in claims involving nuisance or trespass, seeking to prevent interference with your property rights and business operations.
• Party wall disputes: we provide expert advice and representation in disputes related to party wall agreements, protecting your property from unauthorised works and damage.
• Professional negligence claims: we pursue claims against professionals whose negligence has caused financial loss or damage to your commercial property interests.
• Right of way disputes: our solicitors handle disputes concerning rights of way, ensuring access rights are upheld and conflicts are resolved efficiently.
• Sale and purchase contractual disputes: we resolve disputes arising from the sale and purchase of commercial properties, protecting your investments and contractual rights.
• Service charge disputes: we assist in disputes over service charges, ensuring transparency and fairness in the costs allocated to tenants.
• Vacant possession strategies: our team develops and implements strategies for securing vacant possession, allowing for redevelopment or sale of the property.

Our experienced team of commercial property litigation lawyers will work closely with you to deliver a resolution that aligns with your requirements, and minimises any potential impact on your commercial operations.

You can also find information and seek legal advice from JMW on residential property disputes.

The Most Common Causes of Commercial Property Disputes

Commercial property disputes can arise from a variety of issues, and often lead to significant financial and operational challenges for businesses. Understanding the most common causes can help in identifying potential risks and taking proactive measures.

Here are some of the frequent sources of commercial property disputes:

• Breach of lease terms: disagreements between landlords and tenants regarding the interpretation and enforcement of lease terms, such as maintenance obligations, use of premises, or unauthorised alterations, can lead to lease disputes.
• Rent arrears: non-payment or late payment of rent by tenants is a common cause of conflict. It often results in legal action to recover the owed amounts and potentially forfeiture of the lease.
• Service charge disputes: disputes over the amount and allocation of service charges, which cover the cost of maintaining and managing shared facilities, can arise if tenants believe the charges are excessive or unjustified.
• Dilapidations claims: at the end of a lease term, landlords may claim compensation for the cost of restoring the property to its original condition. Disagreements over the extent and cost of these repairs often lead to disputes.
• Lease renewal conflicts: disputes can occur during the commercial lease renewal process, particularly over the terms and rent for the new lease period. These conflicts can delay or jeopardise the continuation of tenancy.
• Break notices: issues related to the validity and proper exercise of break notices can result in disputes, especially if either party fails to comply with the specific conditions required to terminate the lease early.
• Property damage: damage to commercial property, whether due to tenant negligence or third-party actions, often leads to disputes over liability and the cost of repairs.
• Boundary and easement issues: disagreements over property boundaries, rights of way, and easements can lead to conflicts between neighbouring property owners or between landlords and tenants.
• Professional negligence: claims of negligence against surveyors, architects, or other professionals involved in property transactions or management can arise when their actions result in financial loss or damage.
• Development disputes: conflicts during property development projects, such as disagreements over planning permissions, construction delays or contract breaches, can disrupt progress and lead to costly litigation.
• Nuisance and trespass: claims of nuisance, such as noise or pollution, and trespass, where one party unlawfully enters another’s property, can cause significant disruption and lead to legal disputes.
• Sale and purchase disputes: disagreements arising from commercial property transactions, such as breaches of contract or misrepresentation, can result in litigation to resolve the conflict.

By recognising the cause of your commercial property dispute, you can take steps to mitigate risks and protect your business interests. At JMW, our experienced commercial property litigation solicitors are equipped to handle these disputes efficiently, and provide practical solutions and strategic advice to achieve the best possible outcomes.

What Are the Options for Alternative Dispute Resolution?

One of the most common ways to settle commercial property disputes is alternative dispute resolution. ADR can offer a more efficient and cost-effective way to resolve conflicts without the need for lengthy court proceedings. At JMW, our commercial property litigation solicitors are well-versed in ADR methods and can advise on the best approach for your specific situation:

• Mediation: mediation involves a neutral third party, known as a mediator, who facilitates discussions between the disputing parties to help them reach a mutually acceptable agreement. It is a voluntary and confidential process that allows for flexible solutions tailored to the needs of both parties. Mediation can often preserve business relationships and deliver quicker resolutions.
• Arbitration: arbitration is a more formal ADR method where the disputing parties agree to submit their conflict to independent arbitrators, who can then make a binding decision on the matter. Arbitration is often faster and more private than court litigation, and the arbitrator's decision is typically final and enforceable.
• Negotiation: direct negotiation between the parties is the simplest form of ADR. It involves both parties, with or without their solicitors, discussing the dispute to reach a settlement. Effective negotiation can save time and costs and provide a platform for creative solutions that might not be available through litigation.
• Adjudication: in cases involving technical or specialised issues, the parties may agree to appoint an expert to adjudicate the outcome of the dispute. The expert's decision is usually binding and based on their specialised knowledge. This method is particularly useful in property disputes involving complex valuation, construction or technical matters.
• Early Neutral Evaluation: this involves an independent third party, usually a senior legal expert or retired judge, who evaluates the merits of the dispute and provides a non-binding opinion on the likely outcome if the case went to trial. This can help the parties gain a realistic perspective on their chances of success and encourage settlement.

Choosing the right ADR method depends on the nature of the dispute, the relationship between the parties, and the desired outcome. At JMW, our commercial property litigation lawyers have extensive experience in ADR and can guide you through the process, ensuring that your commercial interests are protected.

Learn more about how JMW can help you with alternative dispute resolution.

Why Choose JMW?

If you are involved in a dispute over real estate or commercial property, obtaining expert legal advice is crucial to avoiding protracted legal complications and safeguarding your commercial interests. At JMW, our commercial property dispute solicitors provide comprehensive advice on all aspects of property and real estate disputes, catering to both commercial and residential properties.

Our team of property litigation lawyers has extensive experience in handling a wide range of disputes. Adopting a proactive and pragmatic approach to property litigation, we aim to resolve disputes efficiently and effectively, using the most appropriate strategy for the specific facts and circumstances of your case. We focus on achieving your desired outcome, while minimising disruption to your business operations.

JMW has worked with a diverse range of clients, from commercial landlords and tenants to property managers and business owners. Collaborating with the North West’s largest real estate and commercial litigation teams, we offer a seamless and professional service. This partnership allows us to provide both commercial and legal tactical advice, ensuring every aspect of your dispute is addressed comprehensively.

You can trust us to understand the financial implications of your property dispute. Our focus is on resolving your dispute as cost-effectively as possible, and providing strategic advice that balances legal and commercial considerations.