At Walker Foster, we understand the complexities of commercial property disputes. With a strong track record in commercial property litigation and alternative dispute resolution, our dedicated solicitors are here to offer practical advice and strategic support. We help clients navigate a wide range of issues, from rent arrears and lease disagreements to restrictive covenants and dilapidation disputes.

Our team of experienced commercial property disputes solicitors work to resolve matters efficiently, striving for reasonable solutions that align with your commercial objectives. Whether you’re dealing with a new tenant, seeking possession proceedings or involved in a dispute arising from non-payment or service charge issues, we provide honest, professional guidance every step of the way.

If you are faced with a commercial property dispute, get in touch with us today to learn more about how we can help you to resolve matters as smoothly as possible.

The most common forms of commercial property disputes

Commercial property disputes can arise from a wide variety of circumstances, often involving complex legal and contractual issues between landlords, tenants and third parties. Understanding the most frequent types of property disputes can help you anticipate potential problems and seek legal advice at the earliest opportunity.

At Walker Foster, we regularly assist clients with the following:

• Rent arrears and non-payment: disputes often emerge when a commercial tenant fails to pay rent. Whether pursuing commercial rent arrears recovery or defending a claim for non-payment, we help clients navigate their legal rights and obligations with clarity and confidence.
• Dilapidation disputes: these disputes concern the condition of a property at the end of a commercial lease. We assist landlords seeking compensation for disrepair and tenants disputing claims or negotiating reduced liability.
• Breach of lease terms: from unauthorised alterations and unlawful subletting to failure to maintain the property, breaches of lease terms are a common source of conflict. We advise on enforcement options, including legal action or possession proceedings.
• Disputes over break clauses: break clauses can be contentious, especially if there is disagreement over whether the conditions for ending the lease have been properly met. We provide expert advice to both landlords and tenants on enforcing or contesting a break.
• Service charge disputes: arguments over the amount, reasonableness or apportionment of service charges are a frequent issue. Our team offers clear and strategic guidance to resolve these matters in a fair and commercially sensible way.
• Rent review disagreements: commercial leases often include provisions for rent reviews. Disputes may arise over how the rent has been calculated or whether the review process was followed correctly. We help clients understand their rights and negotiate reasonable outcomes.
• Possession and eviction proceedings: when a landlord needs to regain control of a business premises, whether due to non-payment, breach or expiry of lease, we can guide clients through the legal procedures, including peaceable re-entry or court proceedings where necessary.
• Adverse possession and boundary disputes: claims involving disputed land ownership or use are complex and require specialist advice. We represent clients in matters concerning adverse possession, boundary disagreements and right of access.
• Disputes involving restrictive covenants: we help resolve issues where restrictive covenants limit the use of commercial property, including claims for enforcement, variation or removal of such restrictions.

No matter how straightforward or complex the dispute may be, our team is committed to delivering practical advice and effective solutions in a timely manner.

Our approach to legal advice for property disputes

At Walker Foster, we understand that dealing with a commercial property dispute can be both stressful and disruptive. That’s why we are committed to delivering legal advice that is not only clear and reliable but also practical and tailored to your business goals. Our approach is rooted in our values: professionalism, approachability, transparency and a genuine commitment to achieving the best possible outcome for our clients.

• A client-centred legal service: we take the time to understand your circumstances, the nature of the dispute and your priorities. Whether you are a commercial landlord seeking possession of a property or a tenant responding to a rent arrears claim, we ensure that our advice is aligned with your commercial objectives and the realities you face on the ground.
• Clear, practical and concise guidance: commercial property disputes are often legally and technically complex. We break down those complexities and provide clear and concise advice that helps you make informed decisions. From reviewing your lease terms and exploring break clauses, to advising on dilapidation claims or restrictive covenants, we ensure you fully understand your position and your legal options.
• Timely intervention and strategic support: our experience has shown that seeking legal advice sooner can significantly improve the chances of resolving a dispute quickly and cost-effectively. By intervening early - often at the first sign of a dispute - we can help you avoid escalation and identify reasonable solutions that protect your interests and preserve commercial relationships where possible.
• Skilled in both mediation and litigation: we are experienced in all forms of dispute resolution, from mediation to commercial property litigation. We aim to resolve matters through constructive discussions, but where legal action becomes necessary, we act decisively and strategically to pursue or defend your case with strength and professionalism.
• Transparent on costs and timeframes: we are committed to transparency in pricing and process. From the outset, we will explain the likely costs, timescales and outcomes associated with each course of action. Our advice is always honest and realistic, so you can plan confidently and avoid unexpected costs.

At every stage, our focus is on delivering sound legal solutions in a timely manner, supporting you through each step of the dispute with clarity, consistency and care.

What is the best way to resolve a commercial property dispute?

The best way to resolve a commercial property dispute depends on the nature and complexity of the issue, as well as the relationship between the parties involved. In many cases, the most effective route is to seek legal advice sooner and explore non-contentious methods of resolution.

At Walker Foster, we advocate for mediation and alternative dispute resolution as a first step where appropriate. These methods are usually quicker, less costly and less adversarial than formal litigation, and they allow parties - such as a landlord and tenant - to retain greater control over the outcome.

For more entrenched or high-value disputes, a structured negotiation or even commercial property litigation may be required. Our team will assess your situation and advise on the best course of action based on your objectives, the facts of the case, and the possibility of court involvement.

How can I avoid commercial property disputes?

Avoiding commercial property disputes begins with clear communication, well-drafted leases, and a thorough understanding of each party’s rights and responsibilities. Here are some key steps to reduce the risk of disputes:

• Ensure your lease terms are carefully drafted and reviewed by a solicitor with expertise in commercial property.
• Keep thorough records of all correspondence, payments, inspections and notices served.
• Carry out regular property inspections and address issues early.
• Engage in open and timely communication with the other party when issues arise.
• Comply with lease terms, especially relating to rent payments, service charges, maintenance and break clauses.
• Seek legal advice promptly if you anticipate a dispute arising, even at an early stage.

By taking a proactive approach and obtaining legal advice for property disputes at the outset, you significantly reduce the likelihood of a disagreement escalating into litigation.