When a business tenancy comes up for renewal, it can act as a trigger for numerous areas of dispute between landlord and tenant. It is also an important opportunity for both landlords and tenants to consider their future options.

There will be many commercial and legal considerations to bear in mind. Luscombe Gray can provide expert guidance to your business at this critical time. Whether you are a landlord or commercial tenant, we can help to make your position clear, and advise you on strategies and opportunities.

At Luscombe Gray, we firmly believe in taking an ethical approach to commercial property disputes. Aggressive behaviour in litigation is rarely productive; it leads to parties entrenching their position, provokes petty arguments over inconsequential issues, and stands to cause a great deal of financial harm. We do things differently. By adopting a strong, respectful approach, more options for dispute resolution remain open, such as mediation, and these can be used where appropriate. This means the disruption and costs to your business are kept to a minimum.

If you would like to discuss how Luscombe Gray can help your business, please do not hesitate to contact us.

Renewing, renegotiating or terminating a business tenancy

Renewing a business tenancy is naturally most straightforward when both parties wish it to continue. However, there are still formal procedures which must be complied with to ensure the tenancy is renewed correctly.

Strict deadlines and requirements apply when terminating a business tenancy or requesting a new tenancy. Therefore, even in situations where the parties are agreed as to the course of action to take, legal support is crucial to guarantee your legal rights are upheld.

Additionally, whether you are a landlord or tenant, you should be aware of any clauses in the lease which may take effect towards its conclusion. For example, dilapidations are likely to become an issue at the end of a business tenancy.

Disputes over renewing a business tenancy

Many potential areas of dispute may occur when a business tenancy is nearing its conclusion.

The tenant may wish to renew the tenancy but find that the landlord is opposed to this. However, this does not necessarily mean that the tenancy cannot be renewed. By default, the Landlord and Tenant Act 1954 grants security of tenure to business tenants, and there are only a very limited number of grounds upon which a landlord may prevent the tenancy renewing in this way.

As such, unless the security of tenure provisions have been ‘contracted out’ at the start of the tenancy, a tenant will be in a strong position when deciding whether to renew the business tenancy or not.

Alternatively, both parties may fundamentally want the tenancy to continue but under different terms, and disagree as to the substance of the new lease. Altering the terms of a business tenancy is an opportunity to align it as closely as possible to the needs and objectives of your business. However, without specialist advice, you also run the risk of agreeing terms which may have serious legal consequences in the future.

If you are facing any of these situations, it is vital that you have legal expertise on hand. Luscombe Gray can negotiate on your behalf and ensure that your legal rights, and the interests of your business, are protected.

Instructing Luscombe Gray

Luscombe Gray is a boutique commercial property litigation firm, providing a legal service tailored to the needs of our clients.

We believe first-class commercial legal support should be available to all organisations. Whatever the size of your business, we are more than willing to provide our services and put our specialist skill and knowledge at your disposal.

Your case will be handled by Chris Luscombe personally, so you can be certain that your business will be able to call upon the expertise of an experienced commercial property litigation solicitor. Throughout his career, Chris has helped a wide range of businesses with their commercial property disputes, from small businesses, to national pub companies, to multi-national telecoms giants.

Luscombe Gray is based in the heart of Yorkshire, in Harrogate, with the reach to assist clients across the country.

If your business needs legal support regarding a disputed renewal of a business tenancy, contact Luscombe Gray for clear, ethical, expert advice.

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