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Landlord & Tenant

This is a core area of Maitland’s expertise in the real estate field. We have a deep and wide experience of all aspects of the issues that arise in commercial and residential disputes. Our approach is to analyse the technical aspects of an issue and offer pragmatic and commercial advice and representation.

In recent years, our strength in depth has allowed us to offer our services in covering established and original issues that have arisen from the challenging economic environment. That has often involved innovative approaches to problems that arise in this part of an economic cycle: we have been involved in leading cases in relation to;

  • the recovery of rent as an expense of administration
  • liability for high value terminal dilapidations, and
  • liability under guarantees and the Landlord and Tenant (Covenants) Act 1995.

Just as ready to deal with matters in the County Court as the Supreme Court, our barristers frequently assist in all aspects of the recovery of the possession of land, from the largest industrial sites to the smallest residential dwelling.

We provide a rapid response to the needs of our clients. That often involves a quick turnaround of work, answering questions relating for example to the service of break notices, applications to alienate or the service of consultation notices in the context of service charges.

Large or small, every client, both professional and lay, receives from us exactly the same level of service, scrupulous attention to detail and appreciation of the commercial realities of any dispute.

Commercial Landlord & Tenant

Business tenancies

Commercial landlord and tenant is a core area upon which we have a wealth of experience. Acting at all levels for the respective parties to legal disputes, arbitrations and mediations, we give practical and strategic advice whenever required upon the technicalities of contracting out, termination of the tenancy by statutory notice, the extent of the holding, grounds for opposing renewal, statutory compensation, length of new lease, market rent, the application of the Competition Act 1998 and the relationship of the statutory regime under Part II of the Landlord and Tenant Act 1954 with common law aspects of commercial landlord and tenant.

Cyclical economic and market trends are reflected in the stance of the landlord or the tenant towards litigation, and in negotiations arising out of the operation of break clauses, rent reviews,  liability for terminal dilapidations, and/or the development potential of the property at the time of termination or statutory continuation  of business tenancies.  The inter-relationship of s 25/26 notices with break clauses or other termination provisions, the need to ensure that the landlord has its tackle in order if it wishes to regain possession for development and, conversely, the strength or weakness of tenant’s position when faced with a s 25 notice or when negotiating the terms and rent for a lease renewal are matters upon which our barristers are well qualified to advise, having advised on many major developments in the past.

We well understand that a well-prepared negotiating stance and pro-active management of litigation and litigation time-tables are strategic tools in securing the best result for our client.  Our strength and depth of experience enables us to offer cost-effective, comprehensive and practical advice at leading and junior level on all aspects of commercial landlord and tenant disputes.

Agricultural Holdings & Farming Business Tenancies

We advise on agricultural tenancies both as regards agricultural holdings under the Agricultural Holdings Act 1986 and farm business tenancies under the Agricultural Tenancies Act 1995.  Our work includes advice on tenancy matters, tenancy reorganisations and good estate management. Litigation is also regularly undertaken on behalf of our clients before the Property Chamber (Agricultural Land and Drainage Division), whose jurisdiction extends to certain disputes arising under the 1986 Act, as well as arbitrations which are compulsory in respect of some other matters arising under the Act.

Advice on farming partnership matters is regularly undertaken particularly where tenancy or trust issues feature in a partnership reorganisation or dissolution, and where there are wider questions of estate management. Litigation both before the Courts and arbitrators is a feature of our work in this regard.

Chambers acts on behalf of farmers both individually and as members of farming partnerships, agricultural landlords, farming companies, tenants and others involved in farming and rural matters.

One of our barristers is Principal Judge of the Agricultural Land and Drainage division of the Property Chamber.

Residential Landlord & Tenant

We have a special expertise in residential Landlord and Tenant.  We provide advice and representation to all forms of client, from individual tenants and landlords of one-off properties, to large institutional landlords or tenants’ associations and organisations.  We appear regularly in all Courts and Tribunals from the FTT and County Court up to the Supreme Court.

Leasehold Enfranchisement & Long Leases

Our Chambers includes several leaders in the field of Leasehold Enfranchisement under the 1967 and 1993 Leasehold Reform Acts.  We appear regularly for landlords, tenants, and nominee purchasers, and have acted in many of the leading recent cases taken to the Supreme Court and Court of Appeal. We are as comfortable with the complex mathematical aspects of valuation as we are with the factual and legal issues that arise.

We also regularly advise and act in relation to cases involving the Landlord and Tenant Act 1987.

Residential Service Charges

We have an expertise and regularly appear in cases involving rights and liabilities under the Landlord and Tenant Act 1985, and we are as at home rolling our sleeves up to deal with complex factual disputes in the FTT as we are in higher Courts and Tribunals.

Security of Tenure

We represent and advise landlords and tenants in cases where rights under the Rent Act 1977 or the Housing Acts 1985 and 1988 arise.