Guidance to Commercial Landlords

Pinney Talfourd LLP have considerable experience and expertise in commercial property matters specifically leasehold renewals, rent reviews and dilapidations.

Peter Talfourd is a commercial property expert with particular expertise in the buying and selling of commercial leases, and businesses.

Elliot Martin is an expert in commercial property work with an emphasis on the company side of things.

Stephen Eccles and Kerry Hull are specialists in litigation matters arising out of commercial properties and can advise in all areas of dispute.

Rent Arrears

In the current economic climate tenants are finding it increasingly difficult to pay rent and service charges due and rent arrears in respect of commercial properties are on the increase.

A landlord has two options:-

1) Commercial landlords may have a self help option available whereby they can distrain for rent and ultimately repossess premises, without the need for legal proceedings being commenced.

2) Alternatively a commercial landlord can instruct solicitors to serve a statutory demand or issue county court proceedings to obtain judgment in respect of rent arrears.

It is critical that commercial landlords obtain advice from solicitors about the best way to proceed. There are considerable advantages, but also disadvantages, in connection with the self help remedy of distraint and forfeiture. Not every commercial landlord can use this process, it is essential that you obtain legal advice on the terms of the lease to see whether self help remedies are available. Even if they are available, they are sometimes not appropriate and it is sometimes much safer to use either formal demand or obtain a court judgment by solicitors.

Our commercial property team have the ability to provide detailed advice on the complexities of rent recovery for commercial landlords. Equally we can advise tenants who get into difficulty with paying the rent, as to their options.

For advice on rent recovery issues or disputes arising at the termination of a lease with regard to dilapidations or continuing security contact Stephen Eccles on stephen.eccles@pinneytalfourd.co.uk or Kerry Hull on kerry.hull@pinneytalfourd.co.uk

Lease Renewals

For advice on lease renewals, the granting of leases, assignments and transfers please contact Peter Talfourd on peter.talfourd@pinneytalfourd.co.uk or Elliot Martin on elliot.martin@pinneytalfourd.co.uk

Dilapidations

All commercial leases should have provisions dealing with repair of leased properties. Service of terminal schedules is critical. Often there are major advantages to early service before the lease comes to an end. In the first instance contact Elliot Martin on elliot.martin@pinneytalfourd.co.uk