Landlord and Tenant Disputes
What Are Commercial Landlord & Tenant Disputes?
Commercial property disputes can arise when the terms of a lease or tenancy are not complied with, misunderstood or contested. Even apparently straightforward disagreements can become costly and disruptive, particularly where they affect the use of premises, rental income, business operations or the ongoing relationship between landlord and tenant.
Common areas of dispute include:
- Rent and service charge arrears – disputes over unpaid rent, service charges and other sums due under the lease.
- Breach of lease covenants – disagreements about obligations relating to the use, occupation or management of commercial premises.
- Disrepair and maintenance obligations – disputes over responsibility for repairs, maintenance and the condition of the property.
- Property access disputes – disagreements concerning rights of access, rights of way or access required for repairs, maintenance or other purposes.
- Assignment, subletting and termination issues – disputes concerning whether a lease can be transferred, sublet or brought to an end and whether the correct procedures have been followed.
Early legal advice can be particularly valuable where a dispute is developing, as the steps taken at the outset can affect the options available later. We can help you understand the contractual and legal position, assess the strength of your case and advise on the most appropriate way to resolve the dispute, whether through negotiation, correspondence, mediation or formal proceedings.
Our aim is to help landlords and tenants protect their interests while resolving commercial property disputes as efficiently and proportionately as possible.
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We are very satisfied with the service provided by Darren Kelly and his team. EFN will be our ‘go to’ firm of solicitors for all legal matters in future.
Darren Kelly
Director and Head of Dispute Resolution
Why choose Ellis-Fermor & Negus?
Experienced commercial property solicitors with expertise in landlord and tenant disputes
Comprehensive guidance on lease interpretation, enforcement, and dispute resolution
Practical strategies to minimise cost and delay
Strong track record representing both landlords and tenants
Local knowledge and trusted reputation across the East Midlands
Meet the team
Darren Kelly
Darren is the Head of our Dispute Resolution team and has over 20 years’ experience in Dispute Resolution. Darren qualified as a Solicitor in 1999 after reading Law and undertaking the Legal Practice Course at the University of Sheffield. He worked for a time as a legal clerk before joining Ellis-Fermor & Negus in 1998…
Dylan Stanway
Dylan is a Solicitor in the Litigation department at our Ripley office. Dylan Studied LLB Law undergraduate degree at the University of Nottingham. He then completed the Legal Practice Course in the first intake at the University of Law in Nottingham. Dylan lives in Beeston and enjoys running in his free time, especially in Wollaton…
01773 744 744
Dylan.Stanway@ellis-fermor.co.uk
Dylan Stanway is based at our Ripley Office.
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Claire Bristol
Claire has specialised in Personal Injury and Debt Collection for over 20 years. Claire attended Sheffield University where she obtained a BA Hons in Medieval & Modern History. After working as an Insurance broker and obtaining Insurance qualifications, Claire gained employment as a trainee Legal Executive and qualified as a Legal Executive in 1994 (known…
01773 744 744
c.bristol@ellis-fermor.co.uk
Claire Bristol is based at our Ripley Office.
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Reviews, what our clients are saying…
Frequently Asked Questions
1. Rent and Service Charge Arrears
Unpaid rent or service charges can significantly impact landlords. We assist with:
- Reviewing lease obligations
- Calculating arrears
- Issuing formal notices (e.g., Section 146 or Section 8 notices)
- Taking legal action to recover outstanding payments
For tenants, we advise on challenging incorrect demands or negotiating settlements.
2. Lease Breaches and Enforcement
Disputes can arise from breach of lease covenants, such as:
- Unauthorized alterations or use of the property
- Failure to maintain or repair premises
- Subletting without consent
Our solicitors help negotiate remedies, draft formal notices, or pursue court action if necessary.
3. Disrepair and Maintenance Disputes
Maintenance disputes often involve disagreements over:
- Responsibility for repairs under the lease
- Quality of repairs or timing
- Compensation for disruption
We advise both landlords and tenants on practical resolutions and legal enforcement.
4. Assignment, Subletting, and Termination Issues
Lease terms often restrict:
- Assignments or subletting
- Termination or surrender of the lease
We help negotiate, enforce, or challenge agreements to ensure compliance with lease terms.
5. Dilapidations and End-of-Lease Disputes
At the end of a lease, disputes can arise over:
- Property condition and repair obligations
- Costs of reinstatement
- Claims for damages
We guide clients in preparing, reviewing, or defending dilapidations claims.
Disputes can often be resolved without litigation. Our solicitors use practical dispute resolution strategies, including:
- Negotiation and settlement agreements
- Mediation or alternative dispute resolution (ADR)
- Arbitration or expert determination for technical disputes
- Court action as a last resort
This approach minimizes cost, reduces delay, and preserves business relationships where possible.
Step 1: Early Assessment
We start by:
- Reviewing lease documentation
- Understanding the commercial objectives of the client
- Identifying risks, potential remedies, and negotiation strategies
Step 2: Pre-Action Negotiation
Before formal legal proceedings, we:
- Issue letters of claim or response
- Explore settlement options
- Advise on possible compromise or partial remedies
Step 3: Alternative Dispute Resolution
Where appropriate, we use ADR methods to:
- Avoid lengthy court proceedings
- Resolve disputes quickly
- Reduce cost and preserve commercial relationships
Step 4: Litigation
If litigation is necessary, we:
- Prepare proceedings for the county court or high court
- Advise on strategy, evidence, and potential outcomes
- Represent clients at hearings to protect their interests
Commercial landlord and tenant disputes can have serious financial and operational implications. Our solicitors provide expert legal advice, practical solutions, and robust representation, helping you protect your rights and resolve disputes efficiently.
• Phone:
0115 972 5222 (Long Eaton)
0115 896 3390 (West Bridgford)
0115 922 1591 (Beeston)
01773 821665 (Belper)
01773 744744 (Ripley)
• Email: infomation@ellis-fermor.co.uk
• Online Enquiry: ellis-fermor.co.uk/contact-us
Get expert advice on your commercial property dispute today