Commercial
Disputes Lease
Case Study
- 100% Confidential & No Obligation
COMMERCIAL LEASE DISPUTES
Landlord disputes, commercial disputes the parties argued over a lease concerning commercial premises the property had fallen into disrepair, the tenant asserted the landlord was obligated to make the repairs relying on the lease, the landlord said the tenant was obliged to make the repairs under the repair and decoration clause in the lease which clearly stated he was responsible for maintenance and servicing.
This went on for some time, whereby there was talk of a statutory demand being issued against the claimant which never was, subsequently solicitors were instructed, by this time the tenant had withheld rent totalling some £60,000 leading to the landlord instigating proceedings.
The lease was perhaps not the best legally worded document and interpretation played a very big part, reinforcing both the landlords and tenants entrenched positions.
Although both parties denied liability for certain aspects of this dispute, both agreed upon their liabilities and where they had failed to perform those, namely being the landlord had not undertaken some maintenance and servicing due to the rent withdrawal, the tenant had not kept up some of his repair and decoration obligations due to servicing and maintenance not being carried out.
COMMERCIAL LEASE DISPUTE SOLUTION
To move this matter forward a joint meeting following a series of private meetings was used to establish what both parties were in agreement with, after a list of ‘I will perform my obligation if he does the same was drawn up’, tough negotiations ensued over the issues in disagreement.
The parties both made suggestions on how the lease could be made clearer and protect them both, the wording which took some time to agree was to be inserted in a new lease which was renewable shortly, the landlord wanted his rent arrears, but understood he could have prevented some of this from occurring, both parties agreed to perform their certain obligations which just left the rent arrears, to which the landlord agreed could be paid by an initial lump sum payment and then installments over 6 months with no interest.
COMMERCIAL LEASE DISPUTE STATISTICS
The mediation took 1 day compared to the 8 months this landlord dispute had already gone on.
The mediation cost each party only a fraction each, compared to the thousands they had already spent on legal fees, and the thousands they would have had to spend, had they continued with Court action.
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Director, International Commercial & Workplace Mediator & Trainer
Psychotherapist, Coach, Commercial &
Workplace Mediator, Barrister (non-practicing)
Director of Trust Mediation, Commercial Mediator
Dentist & Commercial & Family Mediator
Commercial Mediator & Accountant
at Bray & Bray Solicitors, 2007 - 2020.
CEDR Accredited Commercial Mediator
Arbitrator, Adjudicator, Med – Arb specialist
Notary Public, Qualified Solicitor of the Supreme Court
Arbitrator, Adjudicator, Visiting Professor & Commercial Mediator
Adjudicator, Arbitrator & Commercial Mediator
Judge, Commercial & Family Mediator
Supervisor, Commercial, Workplace & Family Mediator
Arbitrator, Expert Witness & Commercial Mediator
Arbitrator, Academic & Commercial Mediator
One of the UK’s most experienced commercial and workplace mediators and mediation trainers. Mediating since 2002 across all sectors with over 2000 mediation’s conducted.
Here to help you resolve your dispute quickly, cost effectively and without stress. As well as to answer all your questions about mediation.
Has mediated every single type of civil, commercial, employment, family, boundary, neighbour and workplace dispute. It is easier to say what he has not mediated, rather than what he has.
A Fellow of the Civil Mediation Council. A Law graduate, a CEDR, Academy of Experts & ADR Group Accredited Commercial Mediator. A Qualified Dispute Resolver, a UK Mediation Accredited Workplace & Community Mediator. A Qualified Manager through the Chartered Management Institute – Level 5.
An associate Teacher and qualified Trainer, holding the Certificate in Teaching in the Lifelong Learning Sector – Level 4. Since 2007 he has been on the global mediation training faculty of the Chartered Institute of Arbitrators. Who he has delivered mediation training for, in the UK and overseas, on numerous occasions. Between 2018 and 2020, he was the Head of Mediation Training for the ADR Group. The oldest (1989) mediation training provider in the UK.
