Commercial Disputes Lease Case Study 

Landlord disputes, commercial disputes the parties argued over a lease concerning commercial premises the property had fallen into disrepair, the tenant asserted the landlord was obligated to make the repairs relying on the lease, the landlord said the tenant was obliged to make the repairs under the repair and decoration clause in the lease which clearly stated he was responsible for maintenance and servicing.

This went on for some time, whereby there was talk of a statutory demand being issued against the claimant which never was, subsequently solicitors were instructed, by this time the tenant had withheld rent totalling some £60,000 leading to the landlord instigating proceedings.

The lease was perhaps not the best legally worded document and interpretation played a very big part, reinforcing both the landlords and tenants entrenched positions.

Although both parties denied liability for certain aspects of this dispute, both agreed upon their liabilities and where they had failed to perform those, namely being the landlord had not undertaken some maintenance and servicing due to the rent withdrawal, the tenant had not kept up some of his repair and decoration obligations due to servicing and maintenance not being carried out.