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 10 July 2026
We were extremely satisfied with the service from Rothera Bray during the process of rewriting our Wills and Side letters. Our Wills are complex and our solicitor clarified the necessary changes and took the time needed to ensure we understood the legalities involved. The service was professional but friendly.
Bob and Yvonne Bundick
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Posted 10 July 2026
I found Rothera Bray to be professional and responsive. I was glad I used a firm with a local office rather than one of the remote conveyancing companies.
Nigel Wright
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Posted 10 July 2026
Ellie has been very helpful she was always ready to answer any questions/queries I had. Nothing was too much trouble at all. Ellie’s knowledge & expertise of my situation was extremely good. She kept me informed of time frames making sure I was always updated on my completion etc. I would highly recommend Ellie to my family and friends, a very patient professional who has helped me a lot. Rothera Bray have a wonderful member of their team in Ellie Robinson.
Beverley Wyatt
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Posted 10 July 2026
We had the pleasure of dealing with Rothera Bray for our property purchase and specifically Tim Brooke and his team Craig Allsopp and Nikola Dzierzak. Despite a non-straightforward transaction with multiple titles, Tim and his team were excellent from start to finish, always advising us in a timely manner and doing a really thorough job on all the searches and relevant property matters. Once completion took place, Tim and team stayed engaged to ensure the title registration was complete despite the delays at land registry. We cannot thank Tim enough as at several points we thought the property deal might fall through but with the advice, guidance and attention to detail provided by Tim we got there in the end! Thank you.
Prachi
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Posted 9 July 2026
It’s lovely to deal with someone whom makes the process just so easy. Dealing with Talita at Rothera Bray was an absolute pleasure . Very professional and thorough.
Will client
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Posted 8 July 2026
George dealt with my settlement agreement, quickly and efficiently. He answered all my questions and put my mind at rest that I was doing the right thing. Thanks.
Julie R
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Posted 8 July 2026
The experience was very good, Millie was very knowledgeable, was quick to respond and brought the matter to a successful conclusion.
Stephen Hughes
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Posted 8 July 2026
Lauren provided me with exceptional support and great advice throughout my case. She is incredibly knowledgeable, friendly, and honest, making what was such a stressful process for me much easier to manage. I'd highly recommend her to anyone who might need her services.
Employment Law client
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Posted 7 July 2026
The conveyancing process was smooth from start to finish. Everything was handled efficiently, communication was clear, and the team was polite and professional throughout. I really appreciated how straightforward they made the whole process. Ellie Robinson and Grace Millward Thank you for a great service!
Zak Appleby
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Posted 6 July 2026
Thank you to everyone for all your help over a long period of time. Your mannerism and efficiency to solve each issue was most impressive. I have recommended your services to others .What was going on in the background certainly tested my patience and you kept the ship running smoothly.
Daniel P
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Posted 6 July 2026
We have recently purchased a property and had the pleasure of working with Fatima Altaf for our conveyancing needs. She was superb from start to finish, she worked extremely hard and was always professional, friendly and in regular contact with us throughout to make sure we were up to date and well informed of the process. Moving house with a small baby in tow is a tricky process with lots of plates to juggle, but Fatima’s confidence and competence really did make it easier for us and we felt safe and in very good hands with her. We are very impressed and wouldn’t hesitate to use Rothera Bray again in the future.
Hannah Sullivan
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Posted 6 July 2026
I cannot thank Chelsey and the team at Rothera Bray LLP enough for their outstanding support. We were facing a highly stressful motoring matter involving a Section 172 allegation alongside a speeding offence, which originally arose because we never received the initial NIP / request to provide driver details in the post. Chelsey was incredibly efficient, swift and proactive. Thanks to her exceptional legal expertise, she acted immediately to negotiate with the Prosecution, successfully getting the Section 172 charge completely withdrawn before the court date. She resolved the speeding offence smoothly without requiring our personal attendance in Court and secured an incredibly favourable outcome (minimum penalty points and zero prosecution costs). Her communication was clear, fast, and deeply reassuring throughout the entire process. I would highly recommend Chelsey and her firm to anyone who requires legal assistance with motoring matters.
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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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