Landlord and Tenant Litigation

Legal advice should be sought where a landlord or tenant is facing a serious lease dispute, rent or covenant default, threatened termination, possession issue, forfeiture or re-entry, or where urgent court intervention may be required.

Commercial landlord and tenant disputes can escalate quickly and often involve the interaction of contractual rights, property law, possession, notices, remedies and commercial objectives. Early advice can help preserve options and reduce the risk of procedural or tactical error.

Our solicitors advise landlords, tenants, receivers, investors and other property stakeholders on contentious commercial lease and occupation issues.

We assist with lease interpretation, enforcement strategy, possession, forfeiture, re-entry, injunctions, termination disputes and related court proceedings.

Our focus is on protecting the client’s legal position while identifying the most commercially effective route to resolve the dispute, whether through negotiation, enforcement or litigation.

Our solicitors' experience includes:

Acting in commercial landlord and tenant disputes involving default and possession.
Advising on forfeiture and re-entry strategies.
Acting in disputes concerning peaceable re-entry and lock-changing.
Advising on relief from forfeiture.
Acting in possession and lease termination proceedings.
Advising receivers on landlord and tenant issues affecting secured property.
Acting in urgent injunction applications connected with occupation or access.
Advising on rent, covenant and commercial lease disputes.
Negotiating surrender and settlement arrangements.

When can a commercial landlord forfeit a lease?

That depends on the terms of the lease, the nature of the breach and the legal requirements that apply to the particular circumstances. The lease and proposed enforcement steps should be reviewed carefully before action is taken.

Can a commercial landlord change the locks?

In some circumstances, a landlord may consider peaceable re-entry, but the legal position can be complex and the risks are significant. Advice should be obtained before any attempt is made to change locks or recover possession without a court order.

What is relief against forfeiture?

Relief against forfeiture is a remedy that may allow a tenant to seek restoration of a lease after forfeiture, depending on the circumstances and the nature of the breach.

Can a receiver become involved in landlord and tenant disputes?

Yes. Receivership frequently intersects with leases, occupation, rent, possession and property management, particularly where secured commercial property is tenanted.

Are injunctions used in lease disputes?

Yes. Injunctive relief may be required where access, possession, interference with property or other urgent issues arise.

Can these disputes be settled without a hearing?

Often, yes. Negotiated surrender, payment arrangements, lease variations or other settlement terms may produce a better commercial outcome than contested proceedings.

litigation

LANDLORD AND TENANT LITIGATION

WHEN SHOULD LEGAL ADVICE BE SOUGHT?

KEY ISSUES IN LANDLORD AND TENANT LITIGATION

How o'Regan little solicitors llp can help

Representative experience

frequently asked questions