Redeveloping parts of a building in your portfolio, to create a more flexible layout or perhaps add additional floors, can be a good way to enhance investment value. This is easiest in a vacant building, but you may have good tenants and want to preserve your income stream. If so, you must take the needs of your tenants into account when you are designing your development scheme so that you do not unfairly interfere with their rights under their leases.
‘If a landlord has plans to improve or extend a building, the last thing they want is to be stopped in their tracks by an injunction from an angry tenant,’ says Sara Garnett, Partner and Senior Solicitor in the commercial property team with Tilly Bailey & Irvine. ‘A dispute with an existing tenant will not only add delay and expense to a project but it could also damage the landlord and tenant relationship in the long term.’
To make sure this does not happen, it is vital to get early advice from your solicitor about your plans and how best to reduce the impact on your tenants.