Services for Business

Landlord and Tenant Disputes

Despite having the best of intentions and a desire to maintain good relations, disputes between landlords and tenants are sometimes unavoidable. We have a specialist team of experienced lawyers who can offer help to landlords and tenants in:

  • Bringing or defending claims for possession
  • Terminating and/or renewing tenancies
  • Pursuing recovery of rent and/or service charge arrears
  • Dealing with claims for dilapidations and disrepairs
  • Enforcing lease obligations
  • Dealing with contested rent reviews
  • Pursuing claims against guarantors/sureties

Our dual perspective on landlord and tenant issues and understanding of the pressures and concerns facing both sides give us unique insight into the best ways to resolve these disputes. Our goal is to help you find a harmonious solution which is focused on promoting your rights and financial interests. If it is necessary to go to court, we will provide robust representation, giving you the best possible chance of achieving a successful outcome.

Get in touch with our commercial landlord and tenant law solicitors for further information and specialist advice. We have local branches across the West Midlands in Bromsgrove, Kidderminster, Ludlow, Telford, Worcester, and Birmingham. Alternatively, please feel free to fill in our online enquiry form and a member of our team will be in touch shortly.

Our commercial landlord and tenant services

Possession proceedings

We can provide advice if you are a landlord whose tenant refuses to leave your property even after you have forfeited the lease. Our service includes:

  • Serving notice for breach of covenant
  • Applying to court for a Possession Order to repossess the property
  • Defending applications for relief from forfeiture

We can also enforce the Possession Order by instructing county court bailiffs or escalating the matter to the High Court.

If you are a tenant facing eviction from your commercial property, we can provide a robust defence. Our service includes:

  • Advice on the legality of your eviction
  • Defending possession proceedings
  • Applying for relief from forfeiture

Terminating tenancies

We can provide advice on the mechanisms for ending a commercial lease during its term, including:

Surrender

Where, by mutual agreement, the tenant surrenders the lease to the landlord. Usually, a surrender must be made by deed which requires precise legal drafting. Surrender can also be implied where the conduct of both parties is inconsistent with the continuation of the tenancy.

Forfeiture

This allows a landlord to end a fixed term lease where it has been breached by the tenant. For all breaches other than rent arrears, the landlord needs to serve notice. The tenant may be able to apply for relief from forfeiture, for example, if they subsequently pay the outstanding rent.

Break clauses

These are terms included within a tenancy agreement which allow either the landlord or tenant (or both) to end the lease before the expiry of the term. Usually, a certain amount of time must have elapsed or an event occurred. We can carefully scrutinise the lease on your behalf to check you are within your rights to exercise the break clause.

Renewing tenancies

Most commercial tenants have a right to renew their tenancy which provides them with security and certainty about the future of their business. However, it is also possible to exclude the right to renew within the terms of the lease. Even if this is the case, you can still agree a renewal with your landlord/tenant.

Whether you are a landlord and tenant, for your own benefit, you may want to commence a formal lease renewal at the end of your tenancy to negotiate matters such as the terms, length of tenancy, and rental figure. We can guide and facilitate this process, utilising years of experience to achieve a favourable outcome.

Rent and service charge arrears

Business is not always plain sailing and sometimes it may be difficult for a tenant to keep up with the rent or service charges. For the sake of preserving previously successful landlord/tenant relationships, we like to encourage cooperative negotiation wherever possible. In many situations, arrears disputes can be resolved informally without resorting to court. Our expertise also includes contesting unfair service charges and bringing and defending possession claims.

Dilapidations claims and disrepairs

Both landlords and tenants should be fully aware of their repairing obligations in the event you need to make or defend a dilapidations claim. Sorting out dilapidations issues before or as soon as they arise can save you considerable time and money, especially where they also arise in the context of service charge disputes, lease renewals, and (for tenants in particular) conditional break clauses.

Wherever possible, we will help you avoid the expense and stress of lengthy court proceedings. We will address your dilapidations and disrepair matter strategically, negotiating thoroughly to achieve an outcome which preserves the landlord/tenant relationship whilst achieving a positive outcome for you.

Enforcing lease obligations

If your landlord or tenant is failing to comply with their obligations under the terms of the lease, we can provide practical advice about how to enforce your rights. We have a wide range of expertise in lease enforcement action, including structural repairs and maintenance, nuisance, parking, and insurance issues.

Contested rent reviews

We provide advice to landlords and tenants in relation to rent reviews and negotiations. Tenants should never accept a new rent without taking specialist legal advice. Similarly, landlords should ensure they are following the correct procedure and are able to achieve a figure which is fair to them.

Our advice includes reviewing the terms of the lease to establish the provisions detailing how the rent review should be conducted, taking into account any individual circumstances such as the condition of the property and work that needs to be undertaken.

Claims against guarantors/sureties

We advise landlords, tenants and guarantors for tenants in relation to guarantees or sureties under commercial leases. We will carefully examine the wording of the guarantee to establish the extent of the guarantor’s liability and provide advice in relation to enforcing the guarantee or defending against enforcement.

Why choose our commercial landlord and tenant law solicitors?

mfg Solicitors is a regional law firm based in the West Midlands. We have a wide range of commercial and corporate law expertise, including the effective resolution of landlord and tenant disputes.

When it comes to commercial landlord and tenant matters, we are more than just legal advisors. Each member of our team is a specialist in their field with the business acumen, strategic insight, and negotiation skills to find a resolution which works for you. Whether you are a tenant trying to protect your business or a landlord seeking to maximise the value of your property, we will adapt our advice to your individual goals and objectives.

Get in touch for expert commercial landlord and tenant advice

Get in touch with our commercial landlord and tenant law solicitors for further information and specialist advice. We have local branches across the West Midlands in Bromsgrove, Kidderminster, Ludlow, Telford, Worcester, and Birmingham. Alternatively, please feel free to fill in our online enquiry form and a member of our team will be in touch shortly.