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Real estate litigation

Litigation can be a distraction to your retail business, as well as a drain on management resources. Whether you are disputing a service charge bill or challenging a rent review, our team of experienced lawyers can offer straightforward advice and explain all of your options for alternative dispute resolution.

  • Depth of expertise – all our lawyers are members of the Property Litigation Association.
  • Rent reviews – our team provide advice on the interpretation of the rent review clause in the lease and tactics in any dispute.
  • Dilapidations – there is increasing scope for tenants to dispute terminal dilapidation schedules, particularly using the argument that the property has not diminished in value to refute any claim. We recently acted for a luxury retailer to reduce the landlords claim by over 60% in total.
  • Service charges – the service charge may be largest item of expenditure for a tenant save for the rent. We appreciate the importance of ensuring that the service charge accords to the terms of the lease.
  • Applications for consents – our team has acted for both tenants and landlords in relation to application for consent.
  • Client workshops – to add value, we have set up client workshops on dilapidations and service charges.

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Related resources

Legal updates

The government’s plans for dealing with Covid-19 rent arrears – the evidence required and binding arbitration process revealed

On 9 November 2021, the government gave its first reading of the new Commercial Rent (Coronavirus) Bill and updated its Code of Practice introduced to deal with the commercial rent arrears accrued during the pandemic.

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Legal updates

Presenting a winding up petition to recover pandemic rent arrears

The government has now published new regulations to replace the winding up restrictions mentioned above from 1 October 2021. The key point of interest from a landlord and tenant perspective is that these new regulations will prevent a landlord from presenting a winding up petition to recover rent until 31 March 2022 where the sums are unpaid by the tenant because of the financial effect of the pandemic.

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Legal updates

The government’s plans for dealing with Covid-19 rent arrears – some more details emerge

Last week, the government published a policy statement to deal with rent arrears accrued during the pandemic for those businesses affected by the pandemic.

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Blogs

Handing back an empty shell of a building did not prevent a tenant from exercising a break clause

Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.

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Related opinions

James Coles

James Coles

Partner and Head of Real Estate Litigation

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