Talbots Law

Dean Evans
By Dean Evans

Landlord and tenant

The contract between a landlord and a tenant is called a lease and exists to protect both parties. However, leases are not always adhered to. When either the landlord or the tenant  fails to comply with the lease, you need sound legal advice. That’s where we come in. At Talbots, our solicitors are experts in resolving landlord and tenant disputes as quickly and efficiently as possible.

Landlord and tenant disputes can arise where one party is in breach of the terms of the lease agreement.  This could be where the tenant has not paid its rent, not complied with its repairing obligations or if the landlord is preventing you quiet enjoyment of the property.  If either the landlord or the tenant is not complying with terms of the lease agreements, our specialist solicitors will be on hand to discuss your case in depth and instruct you on the next steps we need to take so you don’t have to see it through alone.

Why choose Talbots’ solicitors for tenant disputes?

At Talbots Law, we believe that landlords and tenants should not have to go through on-going conflict, as it only creates bad feeling in the long run. That’s why we work every day to resolve disputes between the two as promptly as possible, minimising the conflict to allow for a healthy commercial relationship to continue..

We are strong believers in speaking in plain English; it’s important to us that you feel comfortable in the knowledge that you know exactly what’s going on at each stage of the process. We always aim to deal with disputes in an efficient and stress-free way so you can carry on with your day-to-day life as soon as possible.

Our commercial property dispute lawyers have vast knowledge and experience in this area and can advise you along different stages of your dispute.

We specialise in all aspects of property disputes to include landlord and tenant disputes as follows:

Lease renewal claims/ dispute: we have acted on behalf of both Landlords and Tenants in lease renewal claims.  If you are a landlord and would like to terminate a lease then we can advise you on the grounds of termination or opposing a lease renewal claim.  If you are a tenant occupying a business premises you may have a protected tenancy.  We can advise you on issuing a section 26 notice and subsequent court proceedings if necessary.

The majority of lease renewal claims are settled before they reach a final trial.  It is therefore important to obtain advice early.  There are strict deadlines for issuing court proceedings after the relevant notices have been issued.  It is important that you obtain legal advice as soon as a section 25 or section 26 notice is served.

Break Clause disputes: most modern leases of break clauses which allows a tenant to terminate the lease before the contractual term comes to an end.  It is important to check the terms of the break clause to ensure that you are fully compliant with the conditions.  For example, the tenant must ensure that they have complied with all their covenants under the lease, this will include payment of rent and any service charges in a timely manner and ensuring the property is in a good state of repair before the break notice is served.  It is also important that you serve the notice within the strict period stipulated in the lease.  Landlord’s are always keen to retain a tenant in a property and will if able to find a reason to contest a break notice.

Dilapidations: generally refers to items of disrepair that are covered by repairing covenants contained in a lease. Dilapidation claims are usually bought by a landlord when the lease comes to an end.  However, it is not uncommon for landlords to issue section 146 notices requesting the tenant to complete interim repairs.  We have built good relationships with building surveyors who will need to be involved in preparation of a dilapidations schedule or in a tenants case to produce a counter schedule.  It is important to ensure you receive advice early to ensure you are advised on the extent of your repairing obligations which should be clearly set out in a signed lease.

Non payment of rent/ forfeiture: If you have not paid your rent, there is a risk that the landlord can forfeit the lease and the lease will come to an end.  There are options available to you if this arises to include seeking relief from forfeiture.

Dean Evans
By Dean Evans
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