Commercial Property Disputes Solicitors in Birmingham
Our property litigation solicitors act for both landlords and tenants in commercial property disputes in Birmingham. A dispute over premises can tie up cash and disrupt how your business runs, so getting clear advice early matters.
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How We Can Help
Commercial property disputes may involve leases, renewals, access rights, charges or another matter. In any case, Witan can advise you of your options and handle communication with the other party, so you can focus on your business.
Your Confidence, Our Commitment
We Act on Your Behalf
Whether you own the building or run a business from it, you need a solicitor who understands your perspective.
Our Birmingham commercial property solicitors act for both landlords and tenants, as well as for commercial property investors, developers and agents involved in disputes. If you are unsure whether your situation applies, an initial consultation can help you find the type of advice you need.
Our Approach to Commercial Property Cases
A property dispute is a business problem with a legal cause, and we treat it that way. Our first job is to protect your position and your cash flow. We look hard at whether the matter can be settled by negotiation or mediation before it reaches a courtroom. This is often more desirable for commercial clients, and can help maintain positive professional relationships.
If your case does proceed to court, you’ll be fully informed and in control. We’ll prepare thorough documentation and evidence to support your case and handle the paperwork.
Most Birmingham property claims are heard at the County Court and the Business and Property Courts at the Birmingham Civil Justice Centre, and we are familiar with their internal practices. You will know what each stage costs before we take it, so there are no surprises.
What to Expect
Start with a focused assessment
First, we assess your position and the merits, so you know early whether you have a strong case and what it is likely to cost.
Pre-Action
Next, we deal with the other side through proper pre-action correspondence, which the courts expect and which often prompts a settlement on its own.
Planning next steps
We then set out your options: negotiation, mediation, or court proceedings, with the likely cost and time of each.
Progress matters proportionately
Most disputes settle. If yours does not, we can prepare it for a hearing and represent you through to a decision.
On cost, we are clear from the start. We explain our fees, give you a stage-by-stage estimate, and discuss funding options where they apply.
Why Our Clients Choose Witan
Property litigation experience.
Our team regularly handles lease, possession, dilapidations and development disputes for landlords and tenants across the West Midlands.
Recognised quality.
Witan is recognised in the Legal 500, and our solicitors are members of the College of Mediators.
You deal with the solicitor doing the work.
Your case is handled by a named solicitor you can reach directly, not a call centre or a contact that keeps changing.
Advice across languages and borders.
We can support with international property disputes and advise in more than ten languages, invaluable for many of our Birmingham clients.
Clear costs.
You get a written, stage-by-stage estimate at the outset and approve the cost of each step before it happens.
On your doorstep.
Our Digbeth office is minutes from the Birmingham courts where commercial property disputes are heard.
Why Midlands Employers Choose Witan
Witan Solicitors is recognised by The Legal 500, demonstrating our proven experience. Our employment solicitors are specialists, applying expertise and in-depth knowledge of employment law.
We take a senior-led approach, valuing clear communication and a professional, supportive culture. You’ll receive a clear understanding of advisable next steps, the legal context of your case and our fee structure, helping you move forward with confidence.
Our local knowledge helps us understand the unique position of businesses in Birmingham and the Midlands, where diverse sectors, from manufacturing to healthcare, face changing workplace rules. Our guidance supports fair resolutions, protects livelihoods and reduces costly tribunal risks for all.
Client Feedback
Meet the Birmingham Team
Qarrar Somji
Director, Solicitor-Advocate
Qarrar is a member of The Centre for Effective Dispute Resolution (CEDR) and the College of Mediators. He leads the Dispute Resolution team, and holds solicitor‑advocate rights in higher courts.
Aliya Abid
Solicitor
Aliya has substantial experience in commercial property disputes, including possession and unlawful eviction proceedings, relief from forfeiture, service charge disputes, and misrepresentation claims.
Felicity Wood
Litigation Executive
Felicity draws on broad experience to deal with complex legal problems. She handles commercial property disputes with attention to detail and clear communication.
Speak to a Property Dispute Solicitor
Get advice from a solicitor experienced in commercial property disputes.
We will give you straightforward advice on where you stand and what to do next, with no pressure to act before you are ready.
0300 303 2071
Mon - Fri 8:30 - 5:30
or email us at info@witansolicitors.co.uk
FAQs
What counts as a commercial property dispute?
A commercial property dispute refers to any disagreement involving business premises or land. Common examples include disputes over unpaid rent, breaches of lease terms, lease renewals or terminations, dilapidations at the end of a lease term, service charges, possession claims, and rights such as easements or rights to light. Both landlords and tenants can be parties to such disputes. For instance, service charge disputes often arise over the scope of recoverable costs or the fairness of apportionment between tenants, with courts generally adhering to the lease terms unless the landlord's decisions are deemed irrational or unreasonable.
How long does a commercial lease dispute take to resolve?
The duration of a commercial lease dispute depends on the complexity of the issue and the willingness of the parties to negotiate. Many disputes are resolved within a few months through correspondence or mediation. However, if the matter proceeds to court, it can take a year or more. For example, forfeiture claims for breaches other than rent arrears require the landlord to serve a section 146 notice and allow a reasonable period for the tenant to remedy the breach before initiating court proceedings, which can extend the timeline.
How much does a commercial property dispute solicitor cost?
The cost of a solicitor for a commercial property dispute varies based on the complexity of the matter and the stage at which it is resolved. Early resolution through negotiation or mediation is generally less expensive than pursuing a contested court case. Solicitors typically provide a clear fee structure at the outset, including stage-by-stage estimates and costs for each step.
What is a Section 25 notice?
Under the Landlord and Tenant Act 1954, a Section 25 notice is used by a landlord to terminate or propose terms for the renewal of a business tenancy. The notice must comply with strict timing and wording requirements. For example, the landlord may oppose renewal on specific statutory grounds, such as the tenant's persistent delay in paying rent or substantial breaches of lease obligations.
Can a landlord forfeit a commercial lease for unpaid rent?
Yes, a landlord can forfeit a commercial lease for unpaid rent if the lease contains a forfeiture clause, which most do. The landlord may re-enter the premises or initiate court proceedings. However, tenants can apply for relief from forfeiture, allowing them to retain the lease if arrears are paid. The landlord must avoid waiving the right to forfeit by actions such as accepting rent after becoming aware of the breach.
What happens if my commercial tenant becomes insolvent?
Tenant insolvency can restrict a landlord's ability to forfeit the lease or recover rent without court permission, depending on the type of insolvency. Options include claiming the debt or planning to re-let the property. Forfeiture may still be possible if the lease includes an insolvency clause, but landlords should act promptly to protect their position.
Do I have to go to court, or can the dispute be settled another way?
Most commercial property disputes are resolved without a final court hearing. Negotiation and mediation are often faster and less costly, and courts expect parties to attempt alternative dispute resolution. Court proceedings are typically reserved for cases where the other party refuses to engage or a binding decision is required.
What is a dilapidations claim?
A dilapidations claim is typically made by a landlord at the end of a lease, alleging that the tenant has left the property in disrepair or failed to reverse unauthorised alterations. The landlord seeks compensation for the cost of rectifying these issues. Such claims are often negotiable, and the final settlement amount may differ from the initial claim.
This page was last reviewed by Aliya Abid, Solicitor, Property Litigation - June 2026. Our property litigation content is reviewed every six months to ensure it reflects current legislation, case law and market practice.
Witan Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority (SRA 605789). You can view the firm record on the SRA register, and Witan publishes its complaints procedure online.