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Commercial Property Disputes

At Fraser Dawbarns, our experienced commercial property dispute solicitors provide practical, professional legal support aligned with your circumstances and commercial needs. Commercial property disputes can be triggered by a range of events, such as disagreements over leases, breaches of contracts, or boundary disputes. We appreciate that these issues are complex and will ensure to provide all the support that you need.

We understand that addressing a legal dispute can be intimidating. That’s why our commercial property dispute solicitors always handle matters carefully, finding ways to minimise stress where possible.

Our commitment to outstanding client care has been acknowledged by the Legal 500, and we have been accredited by the Law Society for our professionalism and knowledge.

At Fraser Dawbarns, we can assist in commercial property dispute resolution in various ways, including:

  • Landlord-tenant disputes
  • Boundary disputes
  • Right of way disputes
  • Business Tenancies under the Landlord and Tenant 1954 Act
  • Service charge disputes
  • Defective building works
  • Dilapidations claims on lease termination
  • Forfeiture
  • Rent arrears
  • Injunctive proceedings.

Get in touch with our commercial property dispute solicitors today

To discuss your legal needs today, please get in touch with our specialist commercial property dispute solicitors.

You can call your local office in Ely, Kings Lynn, Wisbech, Downham Market or March. Alternatively, you can complete the enquiry form at the bottom of the contact page, and a lawyer will be in touch.

Our commercial property dispute services

Landlord-tenant disputes

A commercial property dispute can arise from a disagreement between landlord and tenants over elements such as lease breaches, rent arrears, and repair and maintenance obligations.

Tailored legal advice can help you to navigate these issues through settlements, mediation, and pursuing legal action if necessary. Your solicitor will protect your rights and minimise the disruption to your business while ensuring you are well within property law and your lease terms.

Fraser Dawbarns offers commercial property dispute services to landlords and tenants alike and provides tailored legal advice and clear communication over property law.

Boundary disputes

Uncertainty or disagreement over the boundary of a business property can quickly escalate into a dispute, which could disrupt plans for development or impact how you use the premises.

A commercial property litigation solicitor can review your title deeds, liaise with surveyors and property professionals, and negotiate on a resolution with the other involved party. If it’s necessary, they will also represent you in court and advocate for your property rights.

Right of way disputes

Right of way disputes typically involve a disagreement over who can access or should have access to a property. This can be frustrating as it restricts how your business can fully use your property.

Our commercial lease disputes service includes the resolution of right-of-way disputes through investigations, reviewing all relevant property documentation, negotiating with the other involved parties and, if necessary, represent you in court. Wherever possible, we will prevent further conflict.

Business Tenancies under the Landlord and Tenant 1954 Act

Solicitors can assist landlords and business tenants in operating under the Landlord and Tenant Act of 1954, including overseeing terminations or lease renewals and providing advice on statutory rights.

Fraser Dawbarns can also negotiate on behalf of our clients and ensure that all mediation and discussions are productive and that both tenants and landlords are fairly represented in the pursuit of a tenancy agreement.

Service charge disputes

A service charge is a payment that a business tenant might make to the landlord in exchange for services to the property, such as repairs and maintenance, or setting aside reserve funds for major repairs, including fire alarm systems, lifts, etc.

Disputes over service charges can become complex, and it’s important to deal with these promptly. Our commercial business dispute solicitors can provide individual guidance and help you move towards a swift resolution.

Defective building works

If a change is made to the building that leads to more issues or was not done correctly, then disputes may arise over the change in the building itself, as well as the way that the money was spent.

Our solicitors can assist with identifying who is at fault, speaking with contractors, and pursuing claims for compensation or fixes to defective construction. We will endeavour to handle the case efficiently and recover any losses. We can also suggest action where defective building works have negatively impacted your company’s day-to-day operations.

Dilapidations claims on lease termination

Typically, dilapidation claims will arise towards the end of a lease when landlords seek compensation for repairs that are discovered as the tenant moves out or allows re-inspection of the property.

Reviewing the lease with a solicitor can tell you which damages you are culpable for, as well as what your landlord would be responsible for.

Furthermore we can negotiate on settlement amounts and assess claims for validity, protecting your legal and financial interests.

Forfeiture

Forfeiture empowers the landlord to regain control of a property when a business tenant breaches the terms of their lease, such as failing to pay rent. A solicitor can assist landlords in making sure that they declare and enforce forfeiture in a legally appropriate manner, as well as representing commercial clients who believe they are being unfairly evicted. Our practical advice will allow you to protect your position whilst a resolution is reached.

Rent arrears

Our specialist solicitors at Fraser Dawbarns have much experience supporting clients with rent arrears issues. Once we have an understanding of your circumstances, we can provide tailor-made guidance.

Injunctive proceedings

An injunctive proceeding is a court order that prevents or compels a party to take specific actions. Examples of injunctions in a commercial property context include:

  • Preventing unlawful eviction of tenants
  • Preventing breaches of lease terms
  • Enforcing restrictive covenants
  • Compelling landlords to meet repair obligations.

Please contact our solicitors if you need help with a commercial property-related injunction.

Frequently asked questions about commercial property disputes

Common types of commercial property disputes can include but are not limited to: Rent arrears, Landlord and tenant disagreements, Dilapidation claims, Breaches of lease agreements, Property ownership and rights of access. These elements can all become formal disputes of varying severity, sometimes involving contractual obligations and property rights. You are advised to seek legal advice for property disputes in order to prevent prolonged disruption to your business.
A commercial property dispute solicitor can help a company to deal with disputes by negotiating on settlements, mediating disagreements in informal settings, and representing you in legal proceedings if that proves necessary. Working with a solicitor allows you to ensure that you are compliant with property laws and lease terms, allowing you to make decisions with confidence and full insight.
Most commercial leases include terms that outline under what circumstances the lease can be terminated and how the involved parties should go about doing so. Break clauses or a mutual agreement between tenant and landlord are relatively common ways to end a lease. However, if other obligations within the lease have been broken, then there may be a dispute that arises when one party tries to enforce the obligations of the other. A solicitor can review your lease and advise you on what obligations you are under.
Typically, a dilapidation claim will arise towards the end of a commercial lease when disrepair is discovered, whether it is damages to the building or failure to provide property maintenance. More often than not, these disputes can be resolved by consulting the lease terms and obtaining a surveyor's report which will offer a timeline and cost for the repairs. It may be possible to resolve these claims through negotiation or mediation, however in some circumstances, court processes may be necessary. A commercial property dispute solicitor can guide you through the process and ensure that you are able to make informed decisions at each step.
Generally, property litigation begins with identifying the issue at the core of the dispute and discussing ways to resolve it. These methods will be attempted through informal negotiation practices, such as alternative dispute resolution, in a bid to find a voluntary agreement between the parties involved. When informal agreements cannot be made, legal proceedings may follow, including court applications and hearings. Our solicitors can take you through each step and gather evidence, prepare an argument on your behalf, and move the process along quickly and with minimal impact on your business’ operations.
Yes, Fraser Dawbarns will always prioritise finding an out-of-court resolution wherever possible. Over years of experience, we have found that it is more cost-effective and less time consuming, as well as being a less stressful experience for our clients.
Your rights as a commercial landlord or tenant will depend on the applicable laws and the terms of your lease. A solicitor can support you by reviewing your lease, and making certain that you understand the terms. You are advised to consult a legal representative before signing onto or presenting a commercial lease as they can have substantial impacts on your company.
Commercial property disputes are complex, potentially causing financial and reputational issues for businesses. A specialist solicitor will have the in-depth knowledge of lease agreements and property law necessary to handle these matters efficiently and minimise the risk of negative impact. Working with a solicitor can protect you from possible fines and legal damages, reduce stress, and be a key source of consultation and support.

Get in touch with our commercial property dispute solicitors today

To discuss your legal needs today, please get in touch with our specialist commercial property dispute solicitors.

You can call your local office in Ely, Kings Lynn, Wisbech, Downham Market or March. Alternatively, you can complete the enquiry form at the bottom of the contact page, and a lawyer will be in touch.