Commercial Landlord & Tenant Disputes Solicitors

Commercial property disputes can impact cash flow, rental income and trading, and they often escalate quickly, especially where a deadline, notice, or key date is approaching.

Butcher & Barlow is a Firm of specialist Solicitors advising commercial landlords, tenants and investors on disputes about leases, rent, repairs, dilapidations, service charges and occupation of premises. We focus on commercial, outcome-led advice that protects your position, reduces financial exposure, and keeps disruption to day-to-day operations to a minimum.

Whether you are a landlord protecting income, a tenant safeguarding your premises, or an investor managing a portfolio, we will give you clear advice so you understand your options and can make confident decisions.

Commercial disputes are rarely just about the lease wording. They are about protecting income, managing risk and keeping your business moving. We will help you decide what matters most, set a clear strategy and take proportionate steps that support the outcome you need.

Commercial landlord and tenant disputes we advise on:

break Notices and lease exits (including disputed breaks)
lease renewals and 1954 Act Notices (Sections 25 and 26)
rent reviews and valuation disputes
dilapidations and repairing obligations
service charge and insurance rent disputes
alterations, user clauses and keep open clauses
occupation and possession issues

Get expert advice on commercial landlord and tenant disputes today

To discuss your commercial landlord and tenant matters and obtain tailored, business-focused support, please get in touch.

You can call us on +44 (0)161 797 5650 or email enquiries@butcher-barlow.co.uk.

Why choose Butcher & Barlow as your Commercial Landlord and Tenant Dispute Solicitors?

With offices across Cheshire and Manchester, we regularly advise businesses, investors and property owners on time-critical and high-value commercial property disputes.

Our Solicitors combine detailed local market knowledge with a clear understanding of commercial lease rights and responsibilities. We can help at every stage, from early strategy and negotiation through to formal proceedings if needed.

How we work:

early deadline check and risk review, so you know where you stand quickly
a clear plan of action, with options based on cost, speed and commercial impact
practical negotiation strategy to protect income and strengthen leverage
court action only where it supports the outcome you need

Our aim is to protect your legal position and your commercial interests by:

setting a clear strategy from the start
managing risk, cost and deadlines
driving the dispute towards a practical resolution
supporting business continuity wherever possible

Commercial lease notices and break clauses

Lease notices can be the difference between a clean exit and ongoing cost, so getting the details right matters.

Serving lease notices correctly is essential, whether you are exercising a break clause, bringing a lease to an end, or opposing a lease renewal. A technical mistake can invalidate a notice and leave you exposed to ongoing liabilities, rent or further claims.

Our Landlord and Tenant Solicitors will ensure notices comply with the lease terms and any statutory requirements, helping you protect income, manage exit risk, and avoid avoidable disputes.

Exercising break clauses correctly

Exercising a break clause in a commercial lease often involves strict rules about timing, content and service. Our Solicitors will guide you through the preparation and service of the notice so that, as far as possible, the break is legally effective and commercially reliable.

Common break notice pitfalls

Many break notices fail due to avoidable reasons, such as incorrect dates, missing information, or failure to meet conditions in the lease.

We help you avoid these pitfalls, and, where a notice is disputed, advise you on the fastest and safest route to protect your position.

Conditional and unconditional breaks

Some break clauses are conditional, for example on all rent being paid or on certain repair obligations being completed.

We explain what your lease requires in practical terms and help you decide how best to proceed without creating unnecessary cost or delay.

Time limits and service requirements

Break notices and other lease notices must usually be served within strict timeframes and by specific methods.

We advise you on key dates and correct service so that you do not lose valuable rights through a technical error or miss a commercial opportunity to exit or renegotiate.

Lease renewal and statutory notices (Sections 25 & 26)

Under the Landlord & Tenant Act 1954, many business tenants have rights to remain in occupation and to request a new lease.

landlords may serve a Section 25 notice to bring a protected lease to an end, with or without opposing renewal.
tenants may serve a Section 26 request to ask for a new lease on proposed terms.

We help both landlords and tenants prepare and respond to these notices, negotiate lease terms, and deal with disputes if agreement cannot be reached, with a focus on protecting income and value, avoiding unwanted vacancy, and keeping control of timing and negotiation leverage.

Landlord’s Section 25 Notice strategy

We advise landlords on when and how to serve a Section 25 notice, the grounds that may justify opposing renewal, and the commercial implications for income, redevelopment plans, and wider portfolio strategy.

Tenant’s Section 26 request process

For tenants, it is important that a Section 26 request is served correctly and within the required timescales. We prepare compliant notices, help you formulate realistic proposals for a new lease, and support you in negotiations with your landlord so you can secure certainty of occupation and workable lease terms. Getting your notice in first is an excellent way to preserve your existing position and negotiate with the landlord in your timeline.

Hostile and non-hostile termination

Disputes can arise where a landlord opposes renewal or where the parties cannot agree on the terms of a new lease. We help clients navigate both amicable and contentious terminations, balancing legal strategy with long term commercial interests.

Counter-notices and tactical considerations

Responding to notices requires careful planning. We advise on whether and when to serve counter-notices, what to say in them, and how to use the statutory framework to secure a fair outcome without losing time or bargaining position.

Commercial rent reviews and disputes

Rent review clauses can be complex. Disputes often arise over the interpretation of the lease, the valuation of the property, or the application of upward-only or other review mechanisms. These disputes can directly affect profitability and forecasting, so evidence and timing matter.

Case law and market practice can affect how rent review clauses operate in practice. We will explain whether your clause works as intended and what options are available if it does not.

Our Solicitors help commercial landlords and tenants manage rent reviews, negotiate sensible outcomes, and, where necessary pursue formal dispute resolution to ensure rent so that reviews are fair, evidence-led and consistent with the lease.

Upward/downward review mechanisms

We explain how your rent review clause works in practical terms, including whether reviews can go down as well as up, particularly in light of recent legislation and what triggers a review, so you can plan cash flow and budgeting with confidence.

Market rent valuation and comparables

We work with specialist valuers where appropriate to ensure that any rent proposed reflects the market and is based on sound evidence, strengthening your position in negotiations.

Rent review timetables and time of essence

Many leases contain strict timelines for starting and concluding rent reviews. We help you keep on top of these key dates so that you do not miss opportunities or expose yourself to unnecessary risk.

Arbitration and independent expert determination

Where negotiation does not resolve the dispute, we guide you through arbitration or independent expert determination, clarifying the likely costs, timescales, and risks so that you can choose the most commercially sensible route.

Dilapidations claims and building repairs

When a commercial lease comes to an end, or even during its term, landlords may bring a dilapidations claim if they believe the tenant has not kept the property in the condition required by the lease. Dilapidations can materially affect exit costs, transactions and re-letting plans. We focus on proportionate claims and realistic outcomes, so exit costs stay controlled, and re-letting or disposal plans can proceed.

Our Dilapidation Claims Solicitors act for both landlords and tenants. We put together clear and proportionate claims for landlords and, for tenants, challenge claims that are inflated or go beyond what the lease requires.

Challenging inflated dilapidations claims

We scrutinise schedules of dilapidations and supporting documents to ensure tenants are not asked to pay for works that are not their responsibility or that go beyond the correct standard of repair required by the lease. We work closely with your surveyor in doing this, offering any legal basis for challenging the figures.

Scott Schedules and claim analysis

Scott Schedules are tables which list each item in a dilapidations claim, the work proposed, and the cost. Surveyors use these schedules to analyse claims in detail, support negotiation, and prepare evidence if proceedings follow. We advise on any exposure or limitation that interpretation of the lease might have on these numbers, by reference to case law and our experience of outcomes in this field.

Historic disrepair and inherent defects

It is important to distinguish between tenant responsibilities and defects that pre-date occupation or are inherent to the property. These may have already been separated out in a schedule of condition attached to the lease. Both tenants and landlords will need guidance on what is required to be repaired and what is not, and sometimes the full repairing obligations in a lease mean a tenant has to do more than the condition the property was in when occupation started. Repairing covenants is very technical, and the wording is crucial, so taking advice at an early stage helps us to preserve or protect your position.

Section 18 cap and diminution in value

Section 18 of the Landlord & Tenant Act 1927 can limit liability to the actual loss in value. In practical terms, this can restrict a claim where the cost of works does not reflect the real impact on the property. We advise both landlords and tenants on how the Section 18 cap applies so that claims reflect genuine financial loss and are supported by evidence. Again, we work closely with your surveyor, including the consideration of appointing an expert in s18 valuations, to help us get a realistic and sensible outcome.

Damages for disrepair do not get awarded on just the paperwork, so if none of the works are ever going to be carried out, then there’s no claim. Your strategy, whether as a tenant or landlord, is therefore vital in navigating these types of claims, such as challenging the real value of the repairs against the fact that no works needed to be done to get a new tenant in. Or in the case of the Landlord, considering how much it is going to cost to encourage a reletting.

Party wall disputes in commercial properties

Works to commercial premises can trigger Party Wall obligations, but in practice, notices are usually handled by Party Wall Surveyors, and many disputes arise because no notice was served at all or because the works went beyond what was notified. Our focus is to reduce delay, control cost, and keep projects moving, while protecting your position if relations deteriorate.

Butcher & Barlow advises Commercial Landlords, Tenants and Property Owners on the fallout when the Party Wall process has not been followed correctly, including urgent disputes during live works, damage allegations and protecting your position before matters escalate. Where appropriate, we can also recommend an experienced Party Wall Surveyor to confirm whether a notice is required and to manage the technical process. We liaise with your Party Wall surveyor in achieving a solution on the ground, rather than facing the consequences of expensive litigious proceedings that may have been threatened or commenced.

No notice served, or the notice is defective

If works have started without the correct notice, the risk of delay, additional cost and escalation increases quickly. We advise on practical next steps, including how to approach the other side, what to record and how to reduce exposure while keeping the project moving.

Works outside the scope of the notice

Disputes often arise where a notice exists, but the works on site do not match what was notified. We help you assess the position, strengthen the paper trail and take proportionate action to protect your property and your commercial interests.

Managing dispute risk and commercial relationships

Party wall fallouts can affect neighbour relations, occupier relationships and wider project delivery. We provide clear advice that supports a workable outcome, minimises disruption and helps you maintain momentum on site where possible.

Recommending a Party Wall Surveyor when needed

Where the key question is whether a notice is required, or how the surveyor process should run, we can recommend an appropriate Party Wall Surveyor and support you alongside them to ensure legal and commercial risks are properly managed.

Property management disputes

Insurance rent disputes

Insurance rent disputes can be complex, involving the interpretation of policy and lease terms.

We help you understand how the lease and insurance policy interact, check that demands are justified, and ensure contributions are calculated correctly.

Alterations and improvements disputes

Landlords and tenants may disagree about proposed alterations or improvements to commercial premises. We advise on consent requirements, lease restrictions and practical solutions so that works can proceed, or objections can be managed, in an orderly way. Retrospective permission and their proposal is sometimes the most practical way to resolve the gaps in the lease paper trail and maintain a good working relationship between the parties.

Keep open clauses and user restrictions

Clauses requiring premises to remain open for trade or limiting the permitted use of a property can create pressure, particularly in changing market conditions. We help you understand your obligations, explore options to vary or enforce them, and deal with disputes if they arise.