Solicitors for commercial property litigation — resolving landlord and tenant disputes, dilapidations claims, rent recovery, forfeiture, and property-related litigation across England and Wales

A landlord should instruct a litigation solicitor as soon as it becomes clear that the tenant is not going to pay voluntarily — and certainly before taking any enforcement action. Rent recovery options such as CRAR (Commercial Rent Arrears Recovery), forfeiture, and statutory demands are procedurally complex, and getting them wrong can expose the landlord to a claim for wrongful enforcement or even unlawful eviction. For example, forfeiture by peaceable re-entry while the tenant is in occupation of the premises is unlawful under section 6 of the Criminal Law Act 1977 if there is a person on the premises who objects. A solicitor will advise on the most appropriate remedy for the circumstances, ensure that all statutory requirements are met, and manage the process from start to finish. Our rent and service charge recovery service provides a structured approach to recovering arrears, and our forfeiture and possession solicitors can advise on the safest route to recovering possession.

The cost of commercial property litigation depends on the complexity of the dispute, the amount at stake, and whether the case settles or goes to trial. A straightforward rent arrears claim might cost a few thousand pounds; a contested dilapidations claim that goes to a multi-day trial could cost significantly more. The general rule in English civil litigation is that the unsuccessful party pays the successful party's costs — but this is subject to the court's discretion and the amount recovered on assessment is typically 60–70% of the actual costs incurred. Our solicitors provide transparent costs estimates at the outset and keep clients informed as the case progresses. We also advise on funding options, including conditional fee arrangements (no win, no fee) in appropriate cases. The key principle is proportionality: the costs of litigation should be proportionate to the value of the claim. Our lease risk assessment service helps clients evaluate the commercial sense of litigating before committing to proceedings.

Forfeiture is the landlord's right to bring a lease to an end following a tenant breach — either by peaceable re-entry (physically changing the locks) or by issuing court proceedings for possession. A possession claim is a broader remedy available against anyone in occupation without the landlord's consent, including trespassers and tenants whose leases have already expired. The key distinction is that forfeiture terminates the lease, whereas a possession claim may result in the tenant remaining liable under the lease even after possession is recovered. Forfeiture also carries risks: if the landlord waives the right to forfeit — for example, by demanding or accepting rent after becoming aware of the breach — the right is lost. And if the landlord forfeits a lease of business premises within the protection of the Landlord and Tenant Act 1954 without proper grounds, the tenant may be entitled to compensation. Our forfeiture and possession solicitors advise on the most appropriate remedy for the specific circumstances, and our tenant eviction advice service provides guidance for tenants facing forfeiture or possession proceedings.

Yes — this is the section 18(1) defence under the Landlord and Tenant Act 1927. The principle is that a landlord's damages for breach of a repairing covenant are capped at the amount by which the value of the landlord's reversionary interest (the value of the property with the benefit of the lease) has been diminished by the breach. If the landlord intends to demolish or substantially alter the premises in a way that would render the repairs valueless, the diminution in value may be zero — and the landlord may recover nothing. This is a powerful defence for tenants, but it requires careful evidence: the tenant must prove, on the balance of probabilities, that the landlord genuinely intends to carry out works that would supersede the repairs claimed. Our dilapidations disputes solicitors have extensive experience deploying the section 18(1) defence, and our dilapidations claims service ensures that landlords' claims are robustly formulated to withstand section 18(1) challenges.

Yes. Under section 19(1) of the Landlord and Tenant Act 1927, a landlord's consent to assignment cannot be unreasonably withheld where the lease contains a qualified covenant against assignment. What is "unreasonable" is assessed objectively: the landlord cannot refuse consent on grounds that are extraneous to the landlord and tenant relationship, nor can the landlord demand a premium or an unreasonable variation of the lease terms as a condition of consent. If consent is unreasonably refused, the tenant can either proceed with the assignment without consent (treating the covenant as absolute rather than qualified) or seek a declaration from the court that consent has been unreasonably withheld. The tenant can also claim damages. Our lease assignment and transfer solicitors advise on the reasonableness of a refusal, and our licence to assign service helps landlords ensure that consent is granted on terms that protect their legitimate interests.

The timeline varies significantly depending on the nature of the dispute, the court's listing availability, and whether the case settles. A straightforward rent arrears claim may be resolved within 2–3 months. A contested dilapidations claim or lease renewal dispute that goes to trial can take 12–18 months from issue to judgment. The majority of cases settle before trial — often at the pre-action stage or following mediation — which significantly reduces both the timeline and the cost. Our solicitors keep clients informed of the likely timeline at each stage and advise on opportunities to accelerate resolution. For urgent matters — such as an injunction to prevent a landlord from carrying out a forfeiture, or an application for relief from forfeiture — the court can hear the application within days. Our mediation and settlement service provides an efficient alternative to full litigation in appropriate cases, and our commercial lease disputes team advises on the most time-effective strategy for each dispute.