Your Commercial premises are important to you and your future, whether you are a landlord or seeking a return on investment, or a tenant wanting to run a profitable business. Commercial property disputes can have a catastrophic impact on your business, which may lead to a business without a property to trade from. There may also be issues with the condition of the property or land including disputes over a right of way. these disputes need to be resolved quickly.
Escalating legal costs in resolving Commercial property disputes can be avoided by seeking expert legal advice at the beginning of any dispute.
We will ask you to send us all your legal agreements by return so we can advise you on the legal and financial implications of your agreement. Our role is to protect your legal interests and your finances.
From our experience, dilapidation disputes can drag on between landlords and departing tenants. Early negotiation can be achieved, saving you time and money. These disputes can often be extremely stressful, and we work quickly to resolve these issues for you.
We provide expert legal advice on:
- Landlord & Tenant Disputes
- Dilapidation disputes claims for covenants over repairs
- Breach of Contract claims
- Claims under restrictive covenants.
- Forfeiture and release from forfeiture claims
- Commercial rent arrears recovery
- Recovery of property from unlawful occupies, i.e trespass claims
- Service charge disputes
- Disputes over alterations
- Claims for nuisance.
In most situations, we appreciate that you want to be on good terms with your landlord or your tenant, as you may be continuing your business relationship with them for many years. In such circumstances, it is advisable to avoid court as much as possible. As such, we offer alternative solutions to disputes and have resolved many cases using mediation and negotiation.
We have good contacts with local surveyors and specialist valuation experts, and have considerable experience working with these experts to resolve disputes on behalf of our clients.
In one case, during development of offices in the centre of Birmingham a developer's crane was swinging over another property. This trespassed on the air space belonging to the "lower property" and we obtained compensation for the trespass and agreed a payment for the use of the airspace.
In another recent dispute, our client received a dilapidations claim for almost £700,000. The value of that claim was significantly overstated as ui exceeded the diminution in value to the building caused by the alleged disrepair.
To resolve your legal dispute quickly, call our Litigation experts for immediate legal assistance on 0121 355 0011 or complete the online form to the left of the page.
Legal Brief: Nuisance Neighbours and Your Right of Way
It is not uncommon for neighbours with a shared right of way to be in dispute.
That could be the result of an annoying neighbour parking vans on a shared route into a commercial estate, or someone storing items blocking the path leading to your residential home. When you challenge the relevant individual, the answer invariably comes back: “It is my right of way too.”
Rather than out of sight, out of mind, these disputes are almost always in sight and on your mind, because you may see your neighbour every day. It is therefore essential to obtain quick, effective legal advice on your options so that the situation does not escalate or continue.
If a neighbour is interfering with your right of way, the Court can generally award you one or more of the following remedies in a legal action known as “private nuisance.”
- An injunction forcing your neighbour to cease the relevant interference. If the neighbour breaches an injunction, they may have to pay a fine or could even go to prison.
- A declaration from the Court as to the extent of the right of way.
- Damages from the Court for any financial loss you have suffered as a result of the interference. This is especially essential for businesses who may suffer significant losses if they are unable to access their premises due to an interference with a right of way.
- The Court could grant you the power to lawfully remove an item blocking the right of way. This is a crucial remedy in circumstances where the relevant neighbour may not be engaging with the legal process.
However, in order for a private nuisance claim to succeed, you will need to demonstrate to the Court that the interference with your right of way is “substantial.” You will almost certainly need independent legal advice on whether your circumstances pass that threshold test.
If a neighbour or anyone else is interfering with your right of way, please don’t hesitate to contact us for an initial no obligation conversation on 0121 355 0011 or at disputes@belllax.com
