Last reviewed 10 September 2026
Business tenants in England and Wales regularly find themselves in disagreement with a landlord over repairs, a service charge that has jumped, works that disrupt trading, a rent review, or consent that is being withheld for alterations or an assignment.
Commercial leases are negotiated documents and there is far less statutory protection than in a residential context. What the lease says about each obligation, and about the procedure for challenging it, usually determines the outcome.
This guide is general information about commercial landlord disputes. It is not legal advice, and you should take advice on your own circumstances before withholding rent or service charge, or before serving any notice.
Start with the lease and its schedules
Identify the demised premises precisely, then the repairing obligations, the service charge provisions and any cap, the rent review mechanism, the alterations and alienation clauses, the insurance provisions and the notice requirements.
The schedules and plans matter as much as the clauses. Many arguments about who repairs a roof, a boundary wall or a shared area are resolved by the plan and the definition of the premises rather than by any general principle.
Repairs and disrepair
Work out who is responsible for the item in question. Where the landlord is responsible, the usual sequence is written notice with photographs, a reasonable period to carry out the work, and a record of the effect on your business.
Self help remedies such as carrying out the work and deducting the cost are legally technical and depend on the lease and on precise procedure. They should not be attempted without advice, because getting it wrong can put you in breach.
Service charge challenges
Ask for the certificate and the supporting breakdown, then test the items against the lease: is each cost within the categories the lease permits, is it correctly apportioned to your premises, and does it include improvements dressed up as repairs.
Many leases include a mechanism for querying the certificate within a time limit, and some provide for an accountant's certification to be conclusive in the absence of manifest error. Those provisions decide how the challenge has to be framed and when.
Consents, alterations and assignment
Where the lease requires landlord consent for alterations, assignment or underletting, the lease often provides that consent is not to be unreasonably withheld, and legislation supplements that position in certain cases with duties to deal with applications within a reasonable time and to give reasons.
Make the application properly: full plans, contractor details, insurance information and a clear description of the works. A weak application gives a landlord legitimate grounds to delay, and it is the most common cause of consent problems.
Think about withholding money very carefully
Rent is normally payable regardless of a dispute, and many leases require payment without deduction or set off. Withholding can trigger interest, default provisions and, in serious cases, forfeiture, which is why it is the highest risk step a tenant can take.
A safer route is to pay under protest in writing while pursuing the challenge through the mechanism in the lease, so the money position does not undermine an otherwise strong argument.
Resolving it and looking ahead to lease end
Most disputes are resolved by correspondence, a meeting with the managing agent, expert determination where the lease provides for it, or mediation. Keep a written record of what has been agreed, including any concession on future years.
Keep lease end in view. Break option conditions are applied strictly, and dilapidations exposure builds throughout the term, so a dispute during the term should be handled in a way that does not create a problem at the exit.
Key points
- The lease, including the plans and schedules, decides most disputes.
- Give written notice of disrepair and keep dated evidence.
- Test service charge items against what the lease actually permits.
- Make consent applications complete to avoid legitimate delay.
- Withholding rent is high risk and often barred by the lease.
- Handle disputes with break conditions and dilapidations in mind.
Frequently asked questions
- Can I withhold rent if my landlord will not do repairs?
- Usually not. Most commercial leases require rent to be paid without deduction or set off, and withholding can trigger default provisions. Paying under protest while pursuing the repair issue is the lower risk approach.
- How do I challenge a service charge that has jumped?
- Request the certificate and supporting invoices, then check each item against the categories the lease allows and the apportionment applied. Leases often set a time limit for queries, so act promptly.
- My landlord is refusing consent to alterations. What can I do?
- Check whether the lease says consent is not to be unreasonably withheld. Where it does, the landlord's reasons can be tested, but the starting point is a complete application with plans and contractor details.
- Who is responsible for the roof or the car park?
- It depends on the extent of the demised premises and the repairing clause. Shared structures and external areas are frequently the landlord's responsibility with the cost recovered through the service charge.
- Should I raise disputes before exercising a break option?
- Break conditions are interpreted strictly, so any dispute involving payments or the condition of the premises should be handled with the break requirements clearly in mind and with advice taken well before the date.