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 12 May 2026
We instructed Rothera Bray Solicitors to act on our behalf for the sale and purchase of our properties in Derby. Lucy & Karen were our points of contact. Everything went smoothly and feedback to us was very good indeed. We were so impressed with the Rothera Bray team, our son on our recommendation has also instructed them to look after their sale and purchase. A five star service which me and my wife would highly recommend.
Gavin Aitken
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Posted 9 May 2026
We have used Sara Odedra multiple times for our house buying / selling - she has just helped us to buy our dream and forever home and we cannot be more grateful. She is fantastic, has excellent communication and we cannot thank her enough!! Would definitely recommend.
Glenn Parks
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Posted 8 May 2026
Our experience of working with Kerry and Beccy has been nothing but positive. They have made what can be a very stressful experience much less stressful. The communication between us has been great, they have been prompt in responding to my emails but also with the other solicitors involved in our house sale and purchase. They have been attentive and thorough, we felt confident in their ability and service from the very beginning. I would recommend Rothera Bray to friends and family. This is the third time I have used this firm and they would be my first choice should I need a solicitor in the future.
Aimee Crawford
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Posted 8 May 2026
Ellie guided us with our help to buy payment from start to finish. She was very polite, friendly and even had to chase me up on stuff which I really appreciated as it can usually be the other way round. She continuously kept us in the loop and even let us know when she was going to be on annual leave in case we couldn’t reach her at any point. Help to buy are notorious for their lack of communication and Ellie smoothed this out for us and made this so much easier. Grace was also fantastic at taking over our account when Ellie was on annual leave and she also kept us in the loop of the proceedings. Thank you both!
Coral
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Posted 7 May 2026
I had an excellent experience working with Jo and the team at Rothera Bray throughout my first home purchase. From the very beginning, they were professional, knowledgeable, and supportive. They explained every step of the process clearly, which was especially helpful as a first-time buyer. The team was prompt in responding to my questions and kept me updated regularly, ensuring I felt informed and reassured. They handled the legal paperwork efficiently and smoothly, making what could have been a stressful process much more manageable. Overall, I highly recommend Rothera Bray Solicitors to anyone looking for reliable and friendly legal support when purchasing a home. Their expertise and dedication made my first home purchase a positive experience.
First Time Buyer
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Posted 6 May 2026
Following the death of our mother, we sought advice, guidance, and help with the probate and potential inheritance tax processes... We were not disappointed. From start to finish, Nelissa Hicks and Rothera Bray solicitors have provided a super-professional and speedy service. We'd recommend anyone, regardless of position and requirements to your needs, engage with them at the earliest opportunity, as we will do so again in the future.
Trevor F
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Posted 6 May 2026
Joanne handled my conveyancing case with great professionalism and patience. The volume of emails coming from the estate agent in the south was overwhelming, and the process became far more stressful than it should have been. Despite this, Joanne and Nirvair managed every stage as effectively as possible and were consistently on top of everything. I truly appreciated their dedication and professionalism throughout. I would only choose Joanne to act for me in any future conveyancing matters, and I’m confident I’ll be using her services again.
Wing
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Posted 4 May 2026
I had a really positive experience working with Will during my employment redundancy. He took the time to clearly explain all the legal jargon in a way that was easy to understand, made sure I was fully aware of my options and offered guidance wherever I needed it. What could've been a very stressful and overwhelming process felt much more straightforward and manageable. I'd highly recommend Will to anyone needing expert and approachable employment law advice.
Isha T
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Posted 2 May 2026
Very pleased with the services of Rothera Bray. Marneya did an excellent job managing a very challenging situation. He successfully secured the lease and remained extremely proactive and professional throughout the negotiations. Marneya was a pleasure to work with and would highly recommend.
Robert
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Posted 1 May 2026
The whole process was a delight and I very much appreciate the professional, straight forward way in which you dealt with myself and my sister. May I thank you very much indeed for all your work in this matter and please be assured that Rothera Bray will be my first choice for any further matters of this nature.
Dr Gregg
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Posted 30 April 2026
Great support, always keeping us in the picture. A first rate service at a very competitive price. I would not hesitate to recommend Rothera Bray conveyancing services.
Simon Wilton
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Posted 29 April 2026
Ed, thank you so much for your totally efficient service over this work and especially the speed with which you have turned everything around. You really have starred throughout. We are extremely grateful to you.
Trust clients
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.
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.
Eleanor Kivneen
Paralegal
Eleanor is a Paralegal in our departments for Dispute Resolution for Individuals and Dispute Resolution for Businesses. She is based at our Nottingham Lace Market office.
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