Commercial Property Disputes – “The Green Shoots of Recovery"

Much has been made recently of the “green shoots of recovery”, but what does this mean for commercial landlords and tenants?


Many property disputes were “put on hold” due to the lack of available funds to pursue those disputes during the recent recession. Now may well be the time to revisit property disputes if those disputes were not resolved by consent between the parties.


Indeed, at the outset of the recent recession many landlords took a commercial approach, and elected to ignore breaches of covenant by tenants (including accept lower rent, or in some cases no rent) on the basis that it was preferable to have tenanted premises, receive some rent and to ensure that the tenant remained liable for commercial rates.


Now the economy is picking up, commercial landlords and tenants should now review the arrangements they made during the recession, and will need legal advice.
In particular, a commercial landlord who ignored a breach of covenant will require advice as to where they currently stand as, for example, they may have waived the right to end the tenancy as a result of that breach.


Similarly, commercial tenants who have previously breached the terms of their tenancies will require advice as to whether those past breaches of covenant remain actionable by their landlord.


At DTM legal, Raury Mason is a Solicitor specialist in resolving property disputes, and in particular advising commercial landlords and tenants.


Raury says: “Now is a great time to review property arrangements and to assess whether a dispute that was tolerated during the recent recession should be pursued. The parties will require legal advice as to whether they can still pursue the matter.”


Raury is available to discuss your property disputes on 01244 354 803.