LANDLORD & TENANT                         

 

Landlord and tenant law is a complex area, particularly when dealing with commercial property as the parties are entering into a legal binding contract, often for many years with onerous obligations on both sides.

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This area of law indeed involves intricate legal obligations and potential pitfalls for both landlords and tenants. Here are some key points to consider:

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1. Lease Negotiation and Drafting: It's crucial for both parties to engage in thorough negotiation and careful drafting of lease agreements. This includes addressing issues such as rent review mechanisms, break clauses, and the allocation of repair and maintenance responsibilities.

2. Security of Tenure: Under the Landlord and Tenant Act 1954, business tenants may have rights to renew their leases. It's important for landlords to understand how to contract out of these rights if desired, and for tenants to be aware of their rights to renewal.

3. Service Charges and Repair Obligations: Tenants should be cautious of onerous service charge provisions and extensive repair obligations. Legal advice can help in negotiating fair terms.

4. Planning Permission: Tenants must ensure that the property has the appropriate planning permission for their intended use to avoid legal and financial liabilities.

5. Dispute Resolution: In the event of a dispute, parties should first review the lease agreement to understand their rights and obligations. Mediation or other forms of alternative dispute resolution can be effective in resolving conflicts without resorting to litigation.

6. Eviction Procedures: For landlords, understanding the correct legal procedures for eviction is essential. This includes serving the appropriate notices, such as a Section 21 or Section 8 notice, depending on the circumstances.

7. Legal Representation: Both landlords and tenants should consider seeking legal representation to navigate disputes, whether through negotiation, mediation, or court proceedings.

For any specific legal issues or disputes, consulting with a solicitor who specialises in landlord and tenant law is advisable to ensure compliance with legal requirements and to protect your interests.

 

Handling a dispute between a landlord and a tenant in England involves several steps, depending on the nature of the dispute.

 

We can advise on the following:

1. Review the Tenancy or Lease Agreement

2. Identify the nature of the Dispute for targeted advice

3. Mediation advice or Dispute Resolution

4. Eviction Procedures If eviction is necessary, the landlord must follow the correct legal procedures:

• Section 21 Notice: For no-fault evictions, giving at least two months' notice.

• Section 8 Notice: For fault-based evictions, specifying the grounds for eviction and the notice period.

5. Legal Action for Possession or specific performance

6. Court Representation​

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