Commercial leases & lease disputes.
Our property work is focused: commercial lease matters — for landlords and tenants — and the disputes that arise out of leases. We do not handle residential conveyancing or freehold transactions.
Overview
We act for landlords and tenants on commercial lease matters and the disputes that arise out of them. Our practice is deliberately narrow in this area: we do not handle residential conveyancing or freehold acquisitions. What we do handle, we handle properly.
Most of our lease work falls into two categories — transactional lease matters (assignments, renewals, licences, surrenders), and contentious lease matters (disputes between landlord and tenant). We routinely advise on Landlord and Tenant Act 1954 procedure, security of tenure, and the points of difficulty that most often arise in commercial leases.
Commercial leases — landlord and tenant
- For landlords — advice on lease terms, recovery of arrears, breach of covenant, forfeiture and re-entry, dilapidations, and security of tenure issues.
- For tenants — advice on lease terms, break clause exercise, repair and dilapidations defence, rent review issues, and security of tenure protection.
- Heads of terms review — commercial lease terms negotiated and explained before they are signed, not after.
Lease assignments, surrenders, and renewals
- Assignments — transferring an existing lease to a new tenant. We act for outgoing tenants, incoming tenants, and landlords giving consent.
- Surrenders — bringing a lease to an end by agreement, including negotiating the terms (including any premium or reverse premium) and documenting the surrender properly.
- Lease renewals under the Landlord and Tenant Act 1954 — including section 25 and section 26 notices, contested and uncontested renewals, and county court proceedings where the renewal cannot be agreed.
The 1954 Act timetable is unforgiving. Missed deadlines around section 25 and section 26 notices can cost a tenant security of tenure or a landlord the ability to oppose renewal. If a notice has just been served on you, do not delay seeking advice.
Licences (assign, sub-let, alter)
- Licence to assign — landlord's consent to a lease assignment, including authorised guarantee agreements where required.
- Licence to sub-let / underlet — landlord's consent to creation of an underlease, with appropriate covenants flowed down.
- Licence to alter — landlord's consent to tenant alterations, including reinstatement obligations and approval of plans.
Lease-related disputes
Where commercial relationships break down, we represent landlords and tenants in disputes including:
- Rent and service charge arrears — recovery and defence
- Breach of covenant claims, including repair and use covenants
- Dilapidations claims (interim and terminal)
- Forfeiture, relief from forfeiture, and re-entry
- Disputes about break clause exercise (validity, conditions, vacant possession)
- 1954 Act renewal disputes — opposed renewals, terms of new lease, interim rent
- Possession proceedings in the County Court
How we work
Initial review
We read the lease, the relevant correspondence, and the chronology before giving any advice. There is no substitute for reading the documents.
Position and options
You receive a written view of your position and the options open to you, with realistic assessment of risk and likely cost.
Negotiation first
Most lease disputes settle. We pursue commercial resolution where it is in your interest, and litigate where it is not.
Proceedings if required
Where matters cannot be resolved, we conduct County Court and First-tier Tribunal proceedings to conclusion.
Costs
Lease transactions (assignments, renewals, surrenders, licences) are generally offered on a fixed-fee basis with disbursements listed separately. Disputes and contentious matters are charged on an hourly rate with written stage-by-stage estimates so you can make an informed decision before significant costs are incurred.
Whether transactional or contentious — we'll tell you where you stand.
Send us the lease and a brief summary of the issue. We'll respond within one working day.