Search: Commercial property disputes

Failure to follow agreed schedule not ground for damages

Many people have experienced the frustration of having builders who turn up, partially complete the work they have been contracted to do and then seemingly lose interest, with the result that the original expectations as regards timing of the work go out of the window.

Dilapidations protocol now has formal status

The pre-action dilapidations protocol that landlords and tenants of commercial properties in England and Wales must follow when making legal claims for ‘dilapidations’ – repairs to be carried out by them under the lease when it ends – now has formal status under the courts’ handbook, the Civil Procedure Rules.

Unforeseen consequences lead to court appearance

The careful drafting of documents is a necessity if disputes are to be avoided, as a recent dispute between a landlord and tenant shows (Spencer v Secretary of State for Defence).

Undemanded liability scuppers break

A recent dispute involving the validity of a break notice given by a tenant should sound warning bells for both landlords and tenants (Avocet Industrial Estates LLP v Merol Ltd.).

Court decision highlights importance of clear terms in leases

Landlords and tenants should ensure their tenancy agreements provide for a clear, ascertainable period for the tenancy to last, or risk their agreement being treated as a tenancy for 90 years or even a mere contractual licence, a recent Supreme Court decision makes clear.

Deposit paid under ineffective agreement did not have to be repaid

A developer can keep a deposit paid by a potential purchaser, even though the agreement between them had no legal effect under property law rules, because they had agreed the deposit would be non-refundable, the Court of Appeal has recently ruled.

Thinking of leasing a shop or office?

Differences between a reasonable lease and a troublesome one

Tenant still in possession makes break in lease ineffective

A tenant who used a break clause in its lease to end its tenancy found that the terms of the tenancy continued, including the tenant's liability to pay rent, because there were still contractors on the premises after the break date.

Tenant must prove works claim

Competition law challenge on landlord fails