Many businesses will hold properly interests which involve commercial leases. We are frequently instructed to advise on the interpretation of commercial leases and to take action to pursue or defend claims for arrears of rent, breaches of covenant and/or dilapidations.
When enforcing the terms of a Lease it is vital to take a decision as to whether or not forfeiture of the lease is a desirable option. If so, it is important to take legal advice before taking any steps to enforce the terms of the Lease (e.g. by asking for rent). Otherwise, the landlord may accidentally waive his right to forfeit the lease.
Some examples of recent cases:
- Complex litigation involving a dispute over an alleged agreement for additional rent together with forfeiture action against the backdrop of a shareholders dispute and issues concerning the Directors’ duties. The dispute included allegations of misrepresentation and forgery.
- Advice to tenant on claims against landlord for compensation as a result of Landlord’s agent causing damage to property
- Possession proceedings in respect of expired Assured shorthold tenancy
- Ongoing advice to management company of business park in respect of breaches of covenant and shareholder issues