Rental Collections
COMMERCIAL PROPERTY
GENERAL
This section refers to rental disputes over commercially owned fixed property ( also referred to as immovable property).
To collect outstanding rental from tenants in commercial properties, one has to follow a different approach. Because of the commercial nature of the transaction between the landlord and tenant, much of the process involve negotiation and requires excellent negotiation skills.
We understand the delicate balance with which landlords have to approach commercial tenants when there are outstanding rental and are sensitive to the commercial relationship in place.
Our services do not only include the negotiation of settlement agreements or collection of outstanding rental, we also advise our clients on how to approach tenants themselves, saving them unnecessary legal expenses in future.
In addition, we seek to advise our clients on how to limit the impact of similar occurrences in future by taking preventative measures. This normally entails background checks, collecting certain information, and including security clauses in their rental agreements.
OUR APPROACH
The relationship between a tenant and landlord in a commercial lease often requires a different approach. Both parties have a commercial interest in the relationship and they are dependent on one another for their businesses to succeed. As a result, taking legal action is not always the correct approach. Other solutions may be more beneficial to both parties. This is where a process like mediation, as an alternative to litigation, can assist both parties - especially if the parties resort to it sooner, rather than later.
When mediation cannot serve a purpose, we are just as well versed in assisting landlords to collect outstanding rental through litigation. Various remedies are available to landlords, and if the rental agreements provide for it, we often implement different processes concurrently. This greatly expedite the process and increase the chances of successfully collecting outstanding rental.
Over and above remedies such as :
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an automatic rent interdict; and
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attachment of property in security of rent.
there are additional processes that can be followed to recover outstanding rent flowing from commercial leases. We have streamlined these processes which greatly improves the landlord's chances of success.
Considering legal action?