Despite the presence of a written contract outlining the rights and responsibilities of each party, there are still many occasions in which a landlord and his tenant will disagree upon a certain issue. For example, a dispute may arise due to delayed rental payments, service charges, disrepair of the property or termination of the lease. Whatever the origin of the dispute, it is important to know what your options are, as it may be possible to resolve the problem without having to go to court.
If You Are A Landlord.
As a landlord facing a commercial lease dispute with a tenant, you have a number of different routes available to you. The most useful tool, however, is that of irritancy. If a tenant has breached the terms of the lease (for example, rent has not been paid on time) then a landlord will be able to irritate the lease. This enables the eviction of a tenant from the business premises within as little as fourteen days. Any finances owed can subsequently be recovered.
Furthermore, a landlord may decide to:-
* Exercise their right to carry out repair works which have been neglected by the tenant;
* Recover enforcement costs;
* Take the matter to court.
If You Are A Tenant.
If you are a commercial tenant currently in a dispute your landlord, you unfortunately have fewer options available. This is because the law in Scotland offers tenants very little legal protection, as the terms and conditions of each party's rights are laid out in the lease, rather than in legislation.
Nevertheless, a legal expert will be able to review your lease and pinpoint any weaknesses in the contract. These can then be used to fuel negotiations between you and your landlord. Alternatively, you may want to consider mediation, a useful facility when it comes to resolving disputes outside a court setting.
Court Proceedings.
However, if a dispute cannot be resolved, it may be necessary for legal proceedings to ensue. This could culminate in a court hearing. In such an event, the court will consider the terms of the lease, as it is this written agreement which holds authority. Therefore the terms and conditions of the lease are paramount when it comes to determining who will win the case.
Contact Solicitors.
If you are in the midst of a commercial lease dispute, you need to address the problem as quickly as possible. By taking immediate action, you will undoubtedly save yourself time and money, possibly even resolving the issue before the matter is taken to court.
Author Resource:-
Need specialist Edinburgh Property Solicitors?
McKay Norwell are Edinburgh Solicitors serving individual and business clients across Scotland
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