Commercial Property Disputes
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Commercial Property Dispute Solicitors
Whether you’re an individual or a business looking to buy or sell commercial property or land, our specialist Whether you’re a commercial landlord or tenant, a property developer, a business or an investor, there are times when issues can arise and finding a suitable solution will require specialist legal advice.
If you find yourself involved in a dispute involving a commercial property matter, you need a team of experts who can offer practical and specialist advice on all areas of dispute resolution and perhaps even litigation.
At Farnworth Rose, we understand how stressful and sometimes costly it can be when disputes arise. We’re here to help you find a peaceful out-of-court solution if possible, but also prepared and able to fight your corner if litigation is the only option.
Our commercial property dispute solicitors expertly assist in this area of law and provide clear and actionable advice and representation. We will guide you through the steps and negotiations needed to resolve the issue, ensuring you know your options and the best action to take at each stage to resolve matters quickly and efficiently.
Whatever your circumstances, instructing the best legal advice from the offset is essential in resolving any disputes as quickly as possible.
Choose Farnworth Rose for your commercial property dispute advice, where we ensure peace of mind, unparalleled service and unrivalled expertise at every step.
Why Choose Farnworth Rose for Commercial Property Disputes?
We deliver professional, pragmatic advice across all areas of property dispute resolution.
We are highly respected nationwide for our experience in innovatively solving problems for our clients, and our years of experience and proven track record make us the firm of choice when commercial property disputes arise. We offer a service tailored to each set of circumstances, priding ourselves on solving problems and building close client relationships.
Our commercial property disputes team strive to bring about the outcomes you need and to make your experience with us always positive and rewarding:
We are renowned as a team of experienced dispute resolution lawyers and litigators with specialist technical legal expertise in commercial property matters.
We have a broad client base, including high-net-worth individuals and commercial organisations.
You receive city-quality legal representation at affordable prices.
We are a full-service law firm, able to seamlessly harness broader legal expertise where a matter demands other specialist skills.
We keep our promises.
We are available to meet with you to discuss any questions, whether you prefer to see us at our offices in Nelson, near Burnley, or have one of our experts visit you. We proudly serve clients locally and nationwide, expanding our reach to support clients wherever they are.
Our Expertise in Commercial Property Disputes
Commercial property disputes can stem from a variety of issues. We provide expert advice on:
Commercial Lease Disputes
Conflicts often arise between landlords and tenants over lease-related matters such as renewals, rent reviews, service charges and responsibilities for repairs and maintenance. Breaches of lease terms are also frequent sources of contention.
Disrepair
At the end of a lease, disputes may surface regarding the condition of the property. Landlords might seek compensation for any damage beyond normal wear and tear.
Rent Arrears
When tenants owe unpaid rent, interest or service charges, disputes can escalate, often leading to legal action if unresolved.
Landlord and Tenant Act 1954 Renewals and Proceedings
Disagreements can occur during lease renewals under the Landlord and Tenant Act 1954, which provides certain rights to commercial tenants.
Break Clauses
Issues may arise when either party seeks to exercise or challenge a break clause, which allows for early lease termination.
Forfeiture
Forfeiture disputes occur when a landlord seeks to terminate a lease due to a tenant’s breach of lease conditions, such as non-payment of rent.
Boundary Disputes
These involve conflicts over the precise boundaries and ownership of commercial properties.
Planning and Development Disputes
Disagreements may occur regarding planning permissions, changes in land use or objections to proposed developments.
Rights of Way and Easements
Disputes can emerge over access rights, easements or other legal rights that affect the property.
Professional Negligence
Claims may be made against solicitors, surveyors or other professionals involved in commercial property transactions, typically for negligence or breach of duty.
Whether you’re facing a lease disagreement, a boundary conflict or issues arising from professional negligence, it’s essential to seek specialist legal advice immediately.
Alternative Dispute Resolution for Commercial Property Disputes
Whenever possible, we recommend alternative dispute resolution (ADR) methods such as mediation, arbitration or negotiations. These approaches can help resolve matters quickly and cost-effectively, avoiding the time and expense associated with court proceedings. Our solicitors have successfully settled many disputes through ADR, helping clients achieve their commercial objectives and avoid future conflicts.
However, if litigation is needed, we’re here to stand by you every step of the way. We’ll prepare your case carefully, represent you strongly in court, and make sure your rights are fully protected.
Commercial Disputes Frequently Asked Questions
+ What is the process of resolving a commercial property dispute?
Resolving a commercial property dispute involves a structured legal process which applies to all courts in England and Wales:
- Pre-action protocol: Encouraging early communication and information exchange to resolve the dispute without going to court.
- Letter before action: The claimant sends a formal letter outlining the dispute, the legal basis of the claim and the desired solution to the proposed defendant.
- Issuing a claim through the courts: If unresolved, the claimant can initiate court proceedings by issuing a claim specifying the details, the remedy sought and the legal basis for the claim.
- Acknowledgement of service: The defendant must acknowledge the service of the claim within a specific time, allowing them time to prepare a full response.
- Defence and counterclaim: The defendant may respond to the allegations and can submit a counterclaim if they have their own claims against the claimant.
- Case management conference: The court may schedule a formal meeting to discuss the case, set timelines and explore settlement possibilities.
- Exchange of evidence: In the ‘disclosure’ process, all parties must exchange relevant documentary evidence. Witness statements and expert reports will also be exchanged.
- Pre-trial review: The court may hold a pre-trial review to ensure the case is ready for trial.
- Trial: If a settlement isn’t reached, the case goes to trial. The judge will decide the outcome based on the evidence presented, with the possibility of appeals under specific legal criteria.
At Farnworth Rose, we provide expert legal representation at every stage of the process, tailoring our strategies to your situation. Our commercial property disputes team covers all types of property issues, offering timely and cost-effective advice and representation.
+ How long do property disputes typically take to resolve?
The time frame varies based on the issue’s complexity and resolution method. Mediation is usually quicker, while litigation can take months or even years.
+ How can I avoid property disputes in the future?
Clear communication, solid contracts and thorough property surveys are key. An experienced solicitor can also help reduce the risk of disputes.
+ What are the costs involved in resolving property disputes?
Costs depend on the dispute and resolution method. Negotiation and mediation are typically cheaper than litigation. We offer cost-effective solutions tailored to your needs.
+ Can I sell my property if I’m currently in the middle of an ongoing dispute?
You can sell your property if you’re in an ongoing dispute, but there is a legal requirement to declare any disputes when selling a house. Failing to do this could result in legal repercussions, i.e. accusations of mis-selling.
Meet The Team
Contact Our Commercial Property Dispute Solicitors
Dealing with commercial property disputes can be stressful and overwhelming. We strongly recommend seeking the right advice from an experienced solicitor.
Our specialist team is based centrally in Lancashire, in Nelson, near Burnley. However, we regularly help clients with commercial property matters in Manchester, Blackburn, Rochdale, Preston and Bolton, and across the Pennines in Leeds, Sheffield, Huddersfield and beyond.
As an expert team of commercial property dispute solicitors, we can help you come to a resolution wherever you are throughout England or Wales, giving you the best advice with affordable regional fees.
If you’d like to talk to one of our specialists, you can call us now on 01282 695 400 or complete the form below, and we’ll be in touch.
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