Landlord and Tenant Issues
Hill & Abbott act for both landlords and tenants in relation to rent arrears claims, possession claims, breach of covenants, break clauses and lease renewal under the Landlord and Tenant Act 1954. We can also assist in dilapidation disputes.
We can also advise insolvent tenants and landlords of insolvent tenants.
It is important to ensure that a landlord’s property is kept in a good state of repair in accordance with the agreed terms of the lease. If the tenant has failed to maintain the property, then we can advise the landlord in respect of the required notices that need to be served and the steps that can be taken to ensure that the property is properly maintained.
If a tenant has repeatedly breached the terms of a lease, then ultimately steps can be taken to obtain possession of it. Landlords need to be wary of taking possession of a commercial premises to ensure that they do not fall foul of a claim for derogation from grant.
Equally, if a property has fallen into disrepair and the landlord need to regain possession of it in order to effect those repairs, then it is important to observe the legal requirements in serving notices, taking possession and undertaking those repairs.
If a tenant has failed to pay rent, insurance premiums or other sums due under the lease, then a decision will need to be made about what steps the landlord proposes to take, which can range from debt recovery action, ultimately to effecting peaceable re-entry with the use of Bailiffs of High Court Enforcement Officers.
At the end of a tenancy, a commercial tenant may have the right to a new lease under the Landlord and Tenant Act 1954. We can assist you in negotiating the terms of that new lease.
If the lease is not going to be renewed, then it is important that the landlord regain possession of the premises in a state which is acceptable to it, which is likely to involve the service of a terminal schedule of dilapidations, which we can assist you in preparing or responding to, most likely with the input of a suitably qualified surveyor. This is particularly the case where hazardous or dangerous materials or chemicals are likely to be left at the premises or which may have contaminated the land.
If you are a commercial tenant and the landlord has served any kind of notice on you, we can advise you in respect of the steps that you need to take and in relation to your rights and liabilities generally.