Commercial Property Litigation and Dispute Solicitors
Property dispute resolution
If you’re:
- The landlord of a commercial property, or
- A tenant who leases a business premises
You’ll know that disputes can arise.
Commercial property disputes can involve complex areas of law. If not handled properly, they can lead to unnecessary costs and disruption to your business.
Our expert commercial property litigation solicitors can help you through any contentious issues you’re facing.
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Types of commercial property disputes
Some of the most common sources of commercial property disputes include:
Breach of covenant
A covenant is a written agreement contained within the deed of a property or land. It sets out how both parties act within a lease agreement, for example;
- How much rent to pay
- To keep the property insured
- Not to alter the premises
- To keep the property in good repair, and
- Not to assign or sub-let
Disputes occur when one party to a lease fails to comply with, or acts outside of the covenant.
If you have suffered a loss as the result of breach of covenant, you may be able to claim damages.
Lease disputes
Lease disputes cover a wide range of issues between a landlord and tenant.
A dispute could arise;
- During the initial negotiation of a lease
- During the term of a lease, or
- On termination of a lease
Examples of lease disputes include;
- Attempts to exercise a break clause
- Rent reviews
- Service charges
- Failing to carry our repairs
- The payment of rent
- Sub-letting
- Renewing a lease
It’s not always the tenant that’s in breach. A lease should also include covenants that the landlord must adhere to.
Rent and service charge recovery
This is one of the most common areas of dispute between commercial landlords and tenants. Especially in a tough economic climate.
If you’re a landlord, it’s often better to have a tenant in arrears than a vacant premises. There are steps a landlord (or their management company) can take against a non-paying tenant.. These include;
- Drawing on a rent deposit
- Recovering rent recovery from a sub tenant (if applicable)
- Forfeiture of the lease
- Instructing a bailiff
- Insolvency
If you’re a tenant and you’re in arrears, you should speak to your landlord and try to come to an agreement.
Regardless of whether you’re a landlord or tenant, you should seek legal advice as soon as possible.
Insolvency
A tenant’s insolvency can have a huge impact on the landlord of a commercial property.
As such, it’s important that landlords seek legal advice as soon as they see any signs of a tenants insolvency. These signs include;
- Late or sporadic rent payments
- Signs or suggestions of restructuring, and/or
- The ceasing of trading
Insolvency is a huge area of law that covers receivership, administration, compulsory and voluntary liquidation and bankruptcy.
Each have different consequences on the actions a landlord can take, like;
- The recovery of rent arrears
- Issuing court proceedings, or
- Serving a statutory demand for the forfeiture of a lease
Insolvency is complex so it’s important to get legal advice as soon as possible to protect your interests.
Dilapidation claims
Dilapidations are breaches of repair covenants that are written into a building lease. A breach could be anything from a broken window to a leaking roof.
There are two types of dilapidations;
- Term dilapidations – these occur during the term of a lease
- Terminal dilapidations – the occur when the lease comes to an end
When dilapidation disputes arise, they can cause contention between landlord and tenant. This area of law can be very complex and there can be serious financial implications. If you’re considering making a claim, or your tenant is making a claim against you, it’s important to get legal advice.
Forfeiture and possession
Forfeiture is a way for a landlord to bring a lease to an end and regain possession of the property if the tenant is in breach of the covenant.
This means the landlord can use the premises as they see fit. For example, re-let it to a tenant who will more likely comply with the lease covenants.
However, an unlawful forfeiture could result in the tenant bringing about a damages claim against the landlord. As such, it’s very important to seek legal advice.
Lease renewal and security of tenure
Disputes between commercial landlords and tenants often occur in the run-up to a lease coming to an end.
Especially if they can’t agree on terms, or if one side wants to terminate the lease or secure their tenure.
There are strict criteria on who, when and how to service lease renewals. So it’s important to seek legal advice.
Why choose Rothera Bray?
Our commercial property litigation lawyers have significant experience.
We take the time to get to know you and understand your business and your relationship with your tenants. This helps us to spot problems in advance and help to minimise risk.
We work hard to get the best possible outcome quickly and efficiently, without resorting to court proceedings. If your case does go to court, our landlord solicitors have the experience to get the best possible outcome.
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“If you’re a landlord or a business tenant, we can help you with your issues.”
Catherine Angrave
Head of Commercial Property
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Posted 11 August 2026
We would give your service a full 5 stars without hesitation. The communication from start to finish was second to none—you kept us informed at every single stage, answered our questions promptly, and made what could have been a stressful process feel entirely seamless and straightforward. We are incredibly grateful for all your hard work, thoroughness, and dedication to getting our purchase across the finish line. We wouldn't hesitate to recommend Rothera Bray (and specifically you!) to any family or friends looking for legal support.
Jamie Johnston
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Posted 11 August 2026
Excellent service with the drawing up of our will. Talita Fantauzzi was a great help, simply explaining the whole process and our options. Made a daunting task a simple and pleasurable experience.
Martin Nesbitt
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Posted 10 August 2026
George was an absolute pleasure to deal with. I had an urgent requirement, so we met on Teams. He was clear, understanding, supportive and incredibly knowledgeable! I can't recommend Rothera Bray more highly! Next time I need legal support, they will be my first call (hopefully not for while!). 10/10!
Nick Holloway
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Posted 7 August 2026
I was recommended to use Rothera Bray by a family friend. The staff at Rothera Bray worked relentlessly. They showed a high level of professionalism, and were extremely supportive throughout my divorce and separation, particularly while dealing with a very challenging opposition. They gave me peace of mind, and I always felt safe in the knowledge that I was being well supported during what was an incredibly difficult time in my life. I will always be grateful for the advice, guidance, and compassion they all showed throughout the process. I would never wish for anyone to find themselves in a situation requiring legal support, but if they do, your team will be the first I recommend without hesitation.
Craig Watts
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Posted 7 August 2026
I wouldn’t hesitate to recommend Nelissa at Rothera Bray in Loughborough. She has the ability to make complicated issues understandable, to enable you to consider options and reach a decision (we were completing our wills and updating a Deed of Trust). Additionally Nelissa is very thorough, approachable and efficient, producing our documents within days. Nelissa feels like ‘a safe pair of hands’ .
Sandra Simpson
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Posted 7 August 2026
Talita Fantauzzi provided a five star client experience when rewriting our wills for us - she was very knowledgeable and helpful.
Martin & Glynis
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Posted 6 August 2026
Isabella & Nelissa were both superb in their handling of the Estate of my late mother. They gave helpful advice with regular updates & quick responses to questions asked. They are without a doubt professional & proficient in what they do. I have no hesitation in recommending them & the firm of solicitors they represent, and will use them again in the future.
Shaun Gathercole
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Posted 5 August 2026
I cannot thank Rothera Bray Loughborough enough; my house move should have been straight forward, but several hiccups happened along the way. I did both my sale and purchase through them and had excellent service. They were supportive, offered great advice and updates and was their when I had multiple queries. Luisa was amazing, she was there for me when I didn't understand certain queries and was a really calm influence when I was worried about queries I had on the property I was buying. I would 100% recommend Rothera Bray and if I did ever move again I would use them in a heartbeat. Thanks so much!!
Rachael Turner
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Posted 4 August 2026
We have used Rothera Bray in the past, when dealing with my late mother's estate. Everything was handled really well, so I contacted Kerry Redfern at their Mapperley branch to sell a property I owned, which was intended to provide retirement funds. Kerry handled everything in a timely manner. The whole process was far less stressful than I had feared and here we are on completion day, with the money in our bank. I feel that Kerry's knowledge in relation to selling property, is extensive and she has guided us through every step of the process. As with probate after my mother's death; and also Rothera Bray dealing with an equity release situation, which facilitated my brother remaining in my late mother's home; I cannot fault the service we have had from them. I feel confident they can successfully deal with any situation that may present in the future where the services of a solicitor are required. We are grateful to them.
Property sale
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Posted 4 August 2026
George helped me with every step of the process when I was facing redundancy, offering invaluable advice and helping me to complete the settlement agreement from my workplace. I wouldn't hesitate to recommend George and Rothera Bray to expertly handle matters, particularly for Employment law/redundancy services.
Scott C
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Posted 4 August 2026
I recently used Rothera Bray for a house sale and purchase. The service I received from Ellie Robinson was top tier I was always kept up to date with the progression of the sale and purchase if ever I had any queries they were always answered quickly. My purchase wasn't straightforward there were a few teething problems with the property we were buying that needed to be sorted to make sure we weren't going to be in a bad situation after purchasing and Ellie made sure she went through everything with a fine tooth comb and everything was right before completion. Grace Millward also helped with things and was great. I would definitely recommend this company.
Michelle Dakin
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Posted 3 August 2026
The solicitor I worked with Fatima Altaf was efficient and personable, sharing realistic information and managing our expectations on what was possible, while also always working in our best interest to understand and progress the outcome to our needs and desired outcomes. We would be very happy to recommend Rothera Bray, we found the whole team to be very supportive, positive and dynamic, we were always informed of updates and there were no gaps or unexpected surprises throughout the process.
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Richard Bates
Partner & Head of Dispute Resolution
Richard Bates leads the Dispute Resolution team at Rothera Bray. Richard is a litigation specialist and can provide a wide range of services to both commercial and private clients.

Caroline Bowler
Partner
Caroline Bowler is a partner in our Dispute Resolution team and an equine law specialist at Rothera Bray, which is the Official Legal Partner to British Dressage and The British Show Pony Society. She works from our Lace Market office and has been described as “one of the best equine lawyers” in the Legal 500.

James Carley
Partner
James is a Partner in the Dispute Resolution department and is very experienced in dealing with commercial and personal litigation matters.

Kendal Litherland
Consultant
Kendal Litherland is a Consultant in Rothera Bray’s Dispute Resolution department and is based at our Nottingham city office.

Ruth Ball
Managing Associate & Head of Insolvency
Ruth Ball is a Managing Associate and the Head of Corporate & Individual Insolvency at Rothera Bray and is based at our Lace Market, Nottingham and Market Harborough offices.

Jade Belcher
Associate Solicitor
Jade Belcher is an Associate Solicitor in Rothera Bray’s Dispute Resolution department and is based at our Lace Market office.

Tom Barry
Solicitor
Tom is a Solicitor in our Dispute Resolution department and is based at our Lace Market office.

Amrita Johal
Solicitor
Amrita Johal is a solicitor in Rothera Bray’s Dispute Resolution department and is based at our Lace Market office.

Millie Moreton
Solicitor
Millie Moreton is a Solicitor in Rothera Bray’s Dispute Resolution team and is based at our Lace Market office.

Eleanor Kivneen
Senior Paralegal
Eleanor is a Senior Paralegal in our departments for Dispute Resolution for Individuals and Dispute Resolution for Businesses. She is based at our Nottingham Lace Market office.

Jayde Pullar
Senior Paralegal
Jayde Pullar is a Senior Paralegal in Rothera Bray’s Dispute Resolution team and is based at our Lace Market, Nottingham office.

Rowan Ketteridge
Paralegal
Rowan Ketteridge is a Paralegal in the Dispute Resolution team and is based at our Lace Market, Nottingham office.

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