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Landlord and Tenant (Commercial)

Adam Solicitors represent landlords and tenants of all types of commercial property and have wide ranging experience in dealing with problems that arise from time to time with commercial leases. Any landlords and tenants experiencing difficulties should do the following:First and foremost, tenants in financial difficulty should speak to their landlord. This may seem obvious but so many times is overlooked. It is important that early action is taken before payments are missed and the landlord’s rights against tenants in arrears become exercisable. Where the tenant is in arrears they are at the mercy of their landlord who may legally terminate the lease by exercising the usual forfeiture clause or take the tenant’s goods as payment. Landlords are under pressure to keep the tenants in properties to cover their mortgages and to avoid liability for rates. It may be possible for tenants to negotiate a variation or temporary relaxation of terms. If the tenant is unable to pay the rent in accordance with the terms of the lease, the landlord may be willing to agree payment plan. However, if you are a landlord and your tenant seeks a variation of the terms of the lease, it is essential that legal advice is sought immediately to protect your position. Without the right wording, a landlord’s future position may be prejudices by a temporary relaxation or variation of terms. For landlords it is essential to seek legal advice as soon as you become aware that your tenant is in financial difficulty. Landlords have a range of remedies available to them against tenants in arrears, but they have to be exercised properly to avoid liability to the tenant for their wrongful use. Also, certain remedies may prejudice the landlord’s position. If, for example, a landlord exercises his right of forfeiture and terminates the lease, he loses the rights to future rents. Similarly, to except the keys back from the tenant may amount to an implied surrender, releasing the tenant from future liability under the lease. There are a variety of remedies available to a landlord who does not want to release the tenant from his lease obligations, such as levying distress against the tenant’s goods. Adam Solicitors also advise landlords whose tenants have become insolvent, where special rules apply. If your tenant has abandoned the property and owes you rent or other sums under the lease, you can enforce your debt by obtaining a court judgement against the tenant. If the tenant does not have money, you can take the charge against the tenant’s property to ensure you are paid your debt with interest when the tenant sells its property. Adam Solicitors can provide legal assistance with: ♦ Business lease renewals ♦ Rent and service charge recovery ♦ Landlord and tenant disputes ♦ Boundary disputes ♦ Forfeiture and relief from forfeiture claims ♦ Disputes over the rights of way, easements, breaches of restrictive covenants, trespass, nuisance, and adverse possession. ♦ Residential possessions and recovery of rent and breach of covenant for commercial landlords ♦ Dilapidations

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Landlord and Tenant (Residential)

Adam Solicitors deals with all aspects of Landlord & Tenant such as Rent Arrears Recovery and Possession proceedings through the courts, including representation at Hearings. For Landlords, Adam Solicitors can advise on the legal obligations to tenants including rent deposits, property maintenance and all aspects of debt recovery and property repossession. Our services include: ♦ Problem tenants – unpaid rent or unreasonable behaviour ♦ Breaches of Tenancy Agreements from either the Landlord or Tenant ♦ How to bring a fixed term tenancy to an end ♦ How to evict a tenant during a fixed term tenancy or after it has expired ♦ Claims by a tenant of unlawful eviction ♦ Arrears Recovery for Rent & Service Charges ♦ Possession Proceedings for property ♦ Representation in the Courts ♦ Service Charge & Dilapidations issues ♦ Negotiating settlement terms Landlord & Tenant is difficult and specialist area of law, and you do not want to leave yourself open to possible claims for unlawful eviction or harassment by your tenant. We can offer you expert, uncomplicated, and above all practical, advice on how to try to resolve any problems with tenants, and also in navigating the complex legal requirements when trying to bring a tenancy to an end. An early assessment of the legal merits of your case will give you a realistic view of your chances of success. It will also provide you with confidence you need to decide whether negotiation with the tenant is possible, or whether stronger legal action is required. We will discuss with you the solutions that may result in your case being settled without the need for court proceedings. We believe that the best results can be achieved by a focused approach and the ability to negotiate in highly contentious situations. However, if settlement is not possible we provide focused support, practical guidance, and effective representation in taking your matter to Court. If you simply wish to bring the tenancy to an end then we can advise you on which methods are open to you. There are numerous ways to determine a tenancy, based not only on the type of tenancy that has been entered into, but also on the date of the tenancy, the facts of your case, time frames and costs. We can offer fixed fee rates for most forms of possession proceedings. For tenants , we can advise on the following: ♦ Potential eviction proceedings ♦ The landlord’s responsibilities under the Tenancy Deposit Scheme ♦ How to force a landlord to comply with the Tenancy Agreement ♦ Remedying breaches by the landlord of the Agreement ♦ The legal and practical ramifications of one or more people leaving the property when the tenancy is in joint names ♦ Harassing behaviour by the landlord ♦ Unlawful eviction We can help with any claims you may have for rent arrears and possession, and we can negotiate re-payment terms with the Landlord/Managing Agents on your behalf. We can also handle despair claims and other breaches of covenant, service charge and dilapidation issues, disputes with Managing Agents, recovery of deposits and overpayments. We outline our costs to you at the outset and fixed fee structures are available.

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