We advise on the full spectrum of disputes. Whether you are looking to commence a claim or defend a claim against you, we are confident that we can help you achieve your objectives. In many cases, it may be possible to settle without litigation – for example, through Alternative Dispute Resolution. However, when necessary our commercial property solicitors will litigate robustly in order to seek a satisfactory outcome.
Commercial property disputes and evictions due to COVID
The Coronavirus pandemic created profound challenges for businesses in the UK and the Government moved to help protect many from eviction from their premises by creating a ban on commercial evictions.
The moratorium has seen several extensions, but the current cut-off date is now 25 March 2022. At this date statutory demands and winding up petitions will still be restricted for a further three months to offer protection from creditor enforcement if the debts relate to the pandemic.
A Government update from last summer said that new rules would be established to “ringfence COVID-19 commercial rent arrears” and guide landlords and tenants to negotiate repayment plans rather than commence eviction procedures. However, many tenants are likely to be faced with eviction orders and the courts will face significant pressure in 2022, so early action will be necessary to avoid long delays.
What about breach of covenant during the pandemic?
The commercial eviction ban applies only where the breach relates to non-payment of rent. If your commercial tenant is in breach of other covenants, you may commence proceedings now. Such action could result in forfeiture of the lease.
Talk to Wellers today for expert legal advice on property disputes relating to Coronavirus.
Advice and representation for all manner of commercial property disputes
We act for landowners, developers, landlords, tenants, and professional advisors in assisting them to resolve their disputes effectively and efficiently. We offer a full range of commercial property legal services including advice on:
- Contentious and non-contentious business lease renewals
- Lease surrender
- Rent and service charge recovery and negotiations
- Landlord and tenant disputes
- Breach of restrictive covenants disputes
- Dilapidations claims and property repair disputes
- Forfeiture and possession
- Disputes with owners of neighbouring properties (e.g. rights of way, rights to light, boundary disputes and party wall disputes)
- Nuisance and trespass claims
- Recovery of land from squatters and unlawful occupiers
- Disputes arising out of the sale and purchase of commercial premises
- Professional negligence claims arising out of the sale and purchase of commercial premises
- Misrepresentation (including Property Misdescription Act 1991)
We understand that commercial property disputes can cause significant disruption to a business. Litigation may not always the right approach, so we closely analyse the commercial needs of our business clients when advising on the best approach for seeking resolution in a dispute.
We also consider it a priority to resolve property-related disputes before costs spiral or become unmanageable. Although we strive to settle disputes with a minimum of cost, disruption and litigation, employing alternative dispute resolution (ADR) methods whenever appropriate, we will undertake Court proceedings whenever necessary.
Whether you are already in a dispute or you are anticipating a problem, the commercial property dispute solicitors at Wellers can provide authoritative and pragmatic advice and solutions to secure your interests.
Commercial Property solicitors in Kent
Property is often fundamental to business interests. Disputes not only come at a monetary cost, they can also cause reputational damage and be inconvenient and exhausting.
Whatever the nature of the dispute, the commercial property dispute solicitors at Wellers can provide authoritative and pragmatic advice and solutions to secure your interests.
Our litigation and dispute resolution department is one of the best in London and the South East.