COMMERCIAL PROPERTY DISPUTE RESOLUTION

The team is lead by Bhavani Hogarty, who is recommended by the Legal 500 as a specialist in commercial property disputes.

As the leading Property Disputes team in the South West, we act for a broad range of clients, including commercial landlords/tenants, managing agents/letting agents, investors, estates, educational institutions, developers, financial institutions, charities and businesses (big and small).

We can advise on a preventative basis and/or where there is a dispute. We are adept at finding creative, practical and cost-effective solutions, tailored to your specific needs.

At Pardoes we pride ourselves in listening to you, getting to know your business, adding value and obtaining your desired outcome. If matters cannot be resolved through negotiations or mediation, we are experts in using litigation to obtain the desired outcome, even if it includes going to Court.

What we do:

  • Interpretation of covenants/applications to modify restrictive covenants 
  • Misrepresentation in property transactions 
  • Contentious and non-contentious business lease renewals
  • Dilapidation claims 
  • Rent reviews
  • Rent and serve charge recovery 
  • Forfeiture and peaceable re-entry
  • Lease surrender negotiations
  • Disputes over consent to assignment/sub-letting/change of use/alterations
  • Boundaries/easements/covenant disputes 
  • Trespass/nuisance/squatters
  • Leasehold enfranchisement for commercial landlords
  • Professional negligence 

Interpretation/ Modification of covenants

We can assist in the interpretation of covenants that benefit or burden your land. It could be as simple as reviewing the Deeds to clarify the issue but in those more complex cases, we are experienced in modifying/removing covenants that are affecting your business.

Misrepresentation in property transactions

Misrepresentation arises where a seller makes a false statement of fact relating to the property, which is relied upon by the buyer, causing a loss. We can assist both buyers and sellers and advise on their remedies.

Contentious and non-contentious business lease renewals

The procedure is governed by detailed legislation which must be carefully followed. We have experience acting for both landlord and tenants and can assist you in order to ensure you comply with the deadlines and prescribed procedures in order to obtain a business lease renewal or to oppose one if you are a landlord.

Dilapidation claims

We are experienced in acting in dilapidation/disrepair claims and can act on behalf of both landlords and tenants.

Rent reviews

Rent review provisions in leases often cause problems. We can advise on the rent that is reasonable under the provisions and can assist if the rent cannot be negotiated and agreed.

Rent and serve charge recovery

Unlike residential landlords, commercial landlords have a range of actions available in order to recover sums due from their tenants such as rent, ground rent or service charges. We can advise on the correct actions and approach to take in order to recover these sums.

Forfeiture and peaceable re-entry

We have experience advising landlords on the best course of action to enable them to regain possession of their property. We can also assist tenants who find themselves being repossessed.

Lease surrender negotiations

The parties to a lease can agree that the lease can be terminated early in certain circumstances. We can assist in negotiating the terms in order to get you the best deal possible.

Consent to assign/ sub-letting/ change of use/ alterations

The procedure for assignment, sub-letting, change of use and alterations is usually set out in the lease however, failure to follow the correct procedure (such as obtaining consent from the landlord) can have serious implications. We can advise both landlords and tenants on the procedure, the penalties and any remedies that may be available.

Boundaries/ easements/ covenant disputes

Boundary disputes, unfortunately, are common and can (in most cases) be resolved easily by clarification of the Deeds. We can assist in clarifying boundaries, interpreting covenants, rights of way, etc to include modifying covenants to having them extinguished.

Trespass/ nuisance/ squatters

We have experience dealing with unlawful occupiers, offering a fast, reliable and cost-effective legal remedy where self help is not an option. We can assist with all forms of trespass whether by people, overhanging properties/structures or gradual encroachment and nuisances such as noise, smells and even flooding.

Leasehold enfranchisement for commercial landlords

The procedure for leasehold enfranchisement is governed by detailed legislation which must be carefully followed. We can assist you here in order to ensure you comply with the many deadlines and prescribed procedures and are able to purchase the whole if.

Professional negligence

Sometimes a professional advisor can let you down, be it a solicitor, a surveyor or an architect, with regard to the advice given, a misunderstanding or a complete lack of understanding. We can help to pursue a negligence claim against them.

Partner & Head of Dispute Resolution
Senior Solicitor
Trainee Solicitor
Legal Assistant

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