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Notices in Commercial Property

Reasons to choose Wilson Browne

There are many instances in commercial property matters where a notice may need to be served.

Particularly in relation to commercial leases these can be notices served by either landlord or tenant pursuant to statutory rights or obligations, or otherwise pursuant to the terms of the lease.

Whether you are serving, or are being served with, a notice in relation to commercial property then it is imperative you take legal advice. Both our commercial property team and commercial litigation team here at Wilson Browne Solicitors are Legal 500 nationally recognised and work hand in hand when dealing with the service or receipt of notices.

A recent example of where taking legal advice on a notice can be invaluable is where an existing client of mine was served with a Section 27 Notice in relation to a property to which they were the landlord. A Section 27 Notice is one that is served where the original contractual term of a lease has expired, and the tenant has remained in occupation paying rent under a period of what is know as “holding over”, the notice then brings that period of holding over to an end. My client received a notice and I spotted an issue with it that meant arguably the notice could be treated as invalid. Naturally, as with many of these things, there can be arguments either way so we spoke in depth with our client about the different options they had, the pros and cons of each, whether the notice could be deemed to be valid, whether there was any merit in ignoring it for now or whether it was worth a prompt response at an early stage.

Having received our advice our client was able to make an informed decision and instructed us to challenge the notice at an early stage. We successfully challenged the notice and a new one was served which extended the expiry by a further month, entitling our client to an additional circa £15,000 in rental income.

The end result here being a happy client for us, but also a valuable reminder on the importance of seeking legal advice in such matters.

For further information contact our commercial property and commercial litigation teams on 0800 088 6004.

Tom Warrender

Posted:

Tom Warrender

Partner

Tom is a Solicitor and Partner with 14 years + experience advising clients in relation to commercial property matters. A Legal 500 recognised lawyer, Tom is a member of SHLA and CRELA, sits on our Board of Management & Heads our Social Housing Team.