The Only Way Isn’t Court!

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Forbes’ Dispute Resolution Department provides positive and practical advice and understand that the commercial way to resolve a business dispute is not always in the courts as a recent case demonstrates.

Head of Dispute Resolution, Robin Stephens, recently acted for a landowner who was involved in a dispute with his tenant. The owner had let out a property to new tenants however, when arranging the lease, the agent used the wrong tenancy form. An assured shorthold tenancy was used which applies to residential property, however these tenants were running a business.

When the client tried to terminate the tenancy, the tenant claimed security of tenure under the legislation applicable to business tenancies which left the client with a potential sitting tenant he did not want in a property valued at £1 million.

Robin put up a robust defence of the client’s position, but as his objective was to remove the tenants and re let the property, he also led negotiations with the tenant’s lawyer, which resulted in a settlement.

Robin then set about claiming for the expense his client had incurred, in a payment to the tenant and legal fees, from the agent whose mistake it was. That claim was also settled without stepping foot in Court, much to the client’s satisfaction.

By keeping the case out of Court, Robin avoided a process which could have been costly, lengthy and stressful for his client.

If you need advice regarding a commercial dispute please contact Robin Stephens on 0800 037 4628 or email robin.stephens@forbessolicitors.co.uk

This entry was posted in Dispute Resolution.

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