Commercial disputes relating to property are an unfortunate, yet increasingly common, part of business life. And without adequate legal support, it can result in spiralling expenditure and time consuming litigation.
At Seatons, our team of highly trained legal professionals have a wealth of experience in commercial property dispute resolution and provide clear, easy to understand legal advice at low sensible fees.
Our dispute resolution team deals with a wide range of cases from a variety of businesses of all sizes. We take care to understand our client’s objectives before implementing an effective strategy designed to achieve optimum results.
Either the landlord or tenant may feel that the other party is acting unreasonably. Should a dispute arise, it is important to firstly check the terms of the lease, which should clearly set out the obligations for the tenant and landlord.
The lease details the procedure should there be there a dispute between the landlord and tenant. For example, if it is a dispute relating to a rent review, it is likely that the lease will state the need to obtain the professional opinion of an independent surveyor. There is also a Landlord’s Code, which whilst not legally binding, outlines the various procedures landlords should follow w hen dealing with disputes.
A common time for disputes to occur is when the lease has ended. The tenant may have informally agreed with the Landlord to receive compensation when the lease ends if certain improvements had been made by them to the property. The landlord may also be unreasonable in relation to the deposit. Anything agreed verbally between the parties will struggle to be used as evidence and therefore it is important to keep any particular agreement in writing.
Commercial Freehold Disputes
Alongside Commercial tenancies, it is not unusual to encounter disputes with third parties when owning the freehold of the commercial property.
Disputes can very often arise with the local authority over prospective planning permission for development, property use and boundary issues. Property use is an important consideration for both commercial leaseholds and freeholds, as every commercial premise will be designated a certain ‘Use Class’ through which a company can conduct their business. As an example, retail premises will be given a retail ‘Use Class’, whilst restaurants and cafes will be allocated a Use Class to sell food. When purchasing a property to use in the course of a business, it is vital to ensure that the relevant Use Class has been attached to the premises beforehand. Changing a Use Class for a property can be a time consuming task and requires applying to the local authority for planning permission.
Planning Permission is also required for proposed developments to a property. The best way to find out if it is needed is by contacting the planning officer at your local council. Should you be refused planning permission, you can appeal to the Secretary of State for the Environment. These appeals can take several months however. An application could alternatively be made to the local Government Ombudsman if you are in any way unhappy with the way the local authority has handled your matter.
Commercial Property Specialists In Corby & Kettering
Hello, I am Gemma McKimmie and I am the Head of Seatons Solicitors Commercial Property Department. We aim to provide our clients with an outstanding legal service.
We will help and support you and most importantly we work hard for you.
Please contact us for a free, no obligation chat at either our Corby office on 01536 276300 or our Kettering office on 01536 311690 or contact us online.