Successful resolution of tenant’s long standing dispute

Despite every endeavour to resolve a longstanding dispute with British Waterways over dredging operational moorings, this Shropshire hire fleet businessman was placed into the undesirable situation of withholding rent in a final attempt to secure a satisfactory resolution. Unfortunately this did not have the desired effect, but accumulated substantial rent arrears. British Waterways then issued Court proceedings for a total claim of nearly £90,000.

At this point Robertsons were instructed to try to broker a satisfactory agreement. However the situation was further complicated because the Client’s lease was subject to an outstanding rent review, which was due for renewal. To make matters worse, due to the Client’s anxiety over the substantial financial claim, potential increased rents and uncertainty of their future at the premises, there had been a general lack of ongoing maintenance of the premises, so British Waterways then served a schedule of terminal dilapidations amounting to a significant claim on the Tenant.

A full inspection of the site, moorings and premises, perusal of the schedule of condition, all leases and other relevant documents was effected to appraise the Client’s formal position. Meetings were then arranged with British Waterways at Northwich and on site to address all facets of this case.

As a result of these discussions, Robertsons realised a very satisfactory conclusion for the Client, whereby agreement was reached on the rent review; a new lease on acceptable terms; for British Waterways to dredge the moorings; a reasonable timescale for a programme of improvement and remediation works to satisfy British Waterways that the premises would be repaired and to allow the Client to invest in the marina; and finally, but not least, a 47% reduction in British Waterways financial claim.

Solicitors were then instructed, Court proceedings were withdrawn and Robertsons liaised and advised through to completion of formal documentation.

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