Commercial Property Litigation Solicitors

Commercial property disputes can significantly impact your business operations, finances and commercial interests. Whether you have issues with portfolio management, disputes  relating to a sale or purchase agreement or have suffered a loss as a result of negligent property advice, disputes can be complex, time-consuming and costly without the right legal advice.

At JMW, our specialist team of property litigation solicitors is here to provide the legal support you need. Our extensive experience and thorough understanding of the legal landscape enables us to handle even the most complex property disputes effectively, and offer practical advice tailored to protecting your interests.

With a proven track record in resolving property disputes for well-known commercial clients, we work closely with clients to find cost-effective solutions, whether through negotiation, mediation, or, when necessary, litigation.

If you are involved in a property dispute and are seeking legal advice, contact our commercial property litigation lawyers today. Call JMW on 0345 872 6666, or fill in our online enquiry form to request a call back at a convenient time for you.

How JMW Can Help

At JMW, our property dispute solicitors provide expert legal advice on all aspects of commercial property and real estate disputes. Our team of property litigation lawyers has extensive experience in handling a wide range of disputes, and can help you achieve your desired outcome with minimal legal complications or disruption to your business. We resolve disputes efficiently and effectively by using the most appropriate strategy for the specific circumstances of your case.

JMW works with a diverse range of clients, from commercial landlords and tenants to property managers and business owners. As a full-service firm that collaborates with the North West’s largest commercial litigation teams, we provide tactical advice that addresses every aspect of your dispute.

With extensive experience in property law, a proven track record in achieving favourable outcomes and a national reputation in commercial property matters, our property litigation team is regularly instructed to support commercial landlords and property investors. Our focus is on resolving your dispute as cost-effectively as possible, and providing strategic advice that balances legal and commercial considerations.

Our specialist property litigation solicitors, a number of whom are ranked in leading directories such as Chambers UK and Legal 500, are committed to delivering exceptional service. We pride ourselves on providing realistic, tailored solutions that protect your interests and resolve property law disputes in a cost-effective and efficient manner.

Our Commercial Property Litigation Services

JMW's commercial property litigation solicitors provide a wide range of services to address and resolve various types of disputes effectively. Our goal is to protect your commercial interests and ensure your business can operate smoothly. The services we offer include:

• Assignments and underletting: we assist in disputes related to the assignment of leases and subletting, and ensure that all parties comply with the lease terms and statutory requirements.
• Break notices: our team advises on the validity and enforcement of break notices, helping you navigate the complexities of terminating a lease early.
• Breach of covenant claims: we represent clients in claims involving breaches of lease covenants, protecting your rights and seeking appropriate remedies.
• Building Safety Act: we provide legal support concerning compliance and disputes arising under the Building Safety Act, ensuring your property meets all safety regulations.
• Business rates disputes: our solicitors help to resolve disputes related to business rates, aiming to minimise financial burdens and offer fair assessments.
• Dilapidations: we handle claims for dilapidations at the end of a lease term, representing either landlords seeking compensation or tenants disputing the extent of their obligations.
• Forfeiture: we advise on the process and implications of forfeiture, helping landlords regain possession of their property when tenants breach lease terms.
• Lease renewal: our team assists with lease renewal negotiations and disputes, ensuring favourable terms and protecting your commercial interests.
• Nuisance and trespass claims: we represent clients in claims involving nuisance or trespass, seeking to prevent interference with your property rights and business operations.
• Party wall disputes: we provide expert advice and representation in disputes related to party wall agreements, protecting your property from unauthorised works and damage.
• Professional negligence claims: we pursue claims against professionals whose negligence has caused financial loss or damage to your commercial property interests.
• Residential Landlord and Tenant Disputes: we can help landlords and tenants deal with disputes in a way that protects their legal rights and resolves these complex matters as swiftly and painlessly as possible.
• Right of way disputes: our solicitors handle disputes concerning rights of way, ensuring access rights are upheld and conflicts are resolved efficiently.
• Sale and purchase contractual disputes: we resolve disputes arising from the sale and purchase of commercial properties, protecting your investments and contractual rights.
• Service charge disputes: we assist in disputes over service charges, ensuring transparency and fairness in the costs allocated to tenants.
• Vacant possession strategies: our team develops and implements strategies for securing vacant possession, allowing for redevelopment or sale of the property.

Our experienced team of commercial property litigation lawyers will work closely with you to deliver a resolution that aligns with your requirements, and minimises any potential impact on your commercial operations.

You can also find information and seek legal advice from JMW on residential property disputes.

Meet Our Team

JMW’s commercial property litigation team offers expert advice and tailored solutions for businesses involved in real estate litigation. We will apply our years of experience and track record of success to help you resolve disputes efficiently and protect your property interests.

The Most Common Causes of Commercial Property Disputes

Commercial property disputes can arise from a variety of issues, and often lead to significant financial and operational challenges for businesses. Understanding the most common causes can help organisations to identify potential risks and take proactive measures.

Here are some of the frequent sources of commercial property disputes:

• Breach of lease terms: disagreements between landlords and tenants regarding the interpretation and enforcement of lease terms, such as maintenance obligations, use of premises, or unauthorised alterations, can lead to lease disputes.
• Rent arrears: non-payment or late payment of rent by tenants is a common cause of conflict. It often results in legal action to recover the owed amounts and potentially forfeiture of the lease.
• Service charge disputes: disputes over the amount and allocation of service charges, which cover the cost of maintaining and managing shared facilities, can arise if tenants believe the charges are excessive or unjustified.
• Dilapidations claims: at the end of a lease term, landlords may claim compensation for the cost of restoring the property to its original condition. Disagreements over the extent and cost of these repairs often lead to disputes.
• Lease renewal conflicts: disputes can occur during the commercial lease renewal process, particularly over the terms and rent for the new lease period. These conflicts can delay or jeopardise the continuation of tenancy.
• Break notices: issues related to the validity and proper exercise of break notices can result in disputes, especially if either party fails to comply with the specific conditions required to terminate the lease early.
• Property damage: damage to commercial property, whether due to tenant negligence or third-party actions, often leads to disputes over liability and the cost of repairs.
• Boundary and easement issues: disagreements over property boundaries, rights of way, and easements can lead to conflicts between neighbouring property owners or between landlords and tenants.
• Professional negligence: claims of negligence against surveyors, architects, or other professionals involved in property transactions or management can arise when their actions result in financial loss or damage.
• Development disputes: conflicts during property development projects, such as disagreements over planning permissions, construction delays or contract breaches, can disrupt progress and lead to costly litigation.
• Nuisance and trespass: claims of nuisance, such as noise or pollution, and trespass, where one party unlawfully enters another’s property, can cause significant disruption and lead to legal disputes.
• Sale and purchase disputes: disagreements arising from commercial property transactions, such as breaches of contract or misrepresentation, can result in litigation to resolve the conflict.

By recognising the cause of your commercial property dispute, you can take steps to mitigate risks and protect your business interests. At JMW, our experienced commercial property litigation solicitors are equipped to handle these disputes efficiently, and provide practical solutions and strategic advice to achieve the best possible outcomes.

What Are the Options for Alternative Dispute Resolution?

One of the most common ways to settle commercial property disputes is alternative dispute resolution. ADR can offer a more efficient and cost-effective way to resolve conflicts without the need for lengthy court proceedings. At JMW, our commercial property litigation solicitors are well-versed in ADR methods and can advise on the best approach for your specific situation:

• Mediation: mediation involves a neutral third party, known as a mediator, who facilitates discussions between the disputing parties to help them reach a mutually acceptable agreement. It is a voluntary and confidential process that allows for flexible solutions tailored to the needs of both parties. Mediation can often preserve business relationships and deliver quicker resolutions.
• Arbitration: arbitration is a more formal ADR method where the disputing parties agree to submit their conflict to independent arbitrators, who can then make a binding decision on the matter. Arbitration is often faster and more private than court litigation, and the arbitrator's decision is typically final and enforceable.
• Negotiation: direct negotiation between the parties is the simplest form of ADR. It involves both parties, with or without their solicitors, discussing the dispute to reach a settlement. Effective negotiation can save time and costs and provide a platform for creative solutions that might not be available through litigation.
• Adjudication: in cases involving technical or specialised issues, the parties may agree to appoint an expert to adjudicate the outcome of the dispute. The expert's decision is usually binding and based on their specialised knowledge. This method is particularly useful in property disputes involving complex valuation, construction or technical matters.
• Early Neutral Evaluation: this involves an independent third party, usually a senior legal expert or retired judge, who evaluates the merits of the dispute and provides a non-binding opinion on the likely outcome if the case went to trial. This can help the parties gain a realistic perspective on their chances of success and encourage settlement.

Choosing the right ADR method depends on the nature of the dispute, the relationship between the parties, and the desired outcome. At JMW, our commercial property litigation lawyers have extensive experience in ADR and can guide you through the process, ensuring that your commercial interests are protected.

Learn more about how JMW can help you with alternative dispute resolution.

What Is the Commercial Property Litigation Process?

The property litigation process varies depending on the specific circumstances of your dispute. At JMW, we tailor our approach to suit your commercial needs, and will guide your business through the most appropriate steps to resolve your dispute as efficiently and effectively as possible.

While not all cases will follow the same steps, here is an overview of the typical property litigation process:

• Initial consultation: we will discuss the details of your dispute, assess your legal position, outline your options and offer realistic advice on how best to proceed.
• Pre-action: we will try to resolve the dispute through pre-action steps before starting formal litigation. We may send a letter before action to the opposing party that sets out your legal claim and invites a response. This gives both sides an opportunity to settle the matter without going to court.
• Negotiation and ADR: we often recommend exploring ADR methods to help resolve disputes faster and more cost-effectively, while also maintaining relationships between parties.
• Issuing proceedings: if the dispute cannot be resolved through negotiation or ADR, the next step is to issue formal proceedings in court. With input from specialist counsel where necessary, we will draft and submit the necessary documents to present your case clearly and effectively to the court.
• Court proceedings: the litigation process broadly involves the exchange of documents, witness statements, and (in some cases) expert evidence, followed by a court hearing. We aim to represent your interests in the strongest possible terms to secure a favourable outcome.
• Judgment and post-litigation steps: once a judgment has been delivered, we will assist with any post-litigation steps, such as enforcing court orders or negotiating settlements if required.

If you are unsure how this process might apply to your specific case, our expert property litigation solicitors are here to help. Contact JMW today to discuss your situation and receive tailored advice on the best course of action to resolve your dispute.