Running a business is never easy and when an owner leases or rents a property to do this from, there can be problems down the line such as a letter arriving to change conditions or to give notice.

Court backlogs mean business owners can wait up to two years to settle a property dispute in court but Alsager mediation specialist, Steve O'Gorman of Fast Resolve Mediation , has devised an action plan to help.

He said: "Many property disputes, both residential and commercial, can be prevented despite threatening letters (which may or may not be authentic).

"It's easy to get angry but you need to stay calm. The letter may be an idle threat and may not be authentic. It's important to always check."

The first piece of advice Steve gives is - 'DON'T PANIC'.

"Both tenant and landlord have lots of protection, so there is plenty of time to get advice and consider options," said Steve.

"Don't be rushed into anything. Mediation is a good way to resolve disputes before they get out of hand and start costing, or, try contacting Citizens Advice or the Courts on specifics."

Steve says it's important to take the emotion out of the situation and to find out what the parties really want and to understand the contract whether it be lease or rental.

"They are notoriously complicated documents so you may need help but knowing the contract position can help you avoid going down rabbit holes and spending a lot of money."

Steve, a former lawyer, has 30 years' experience and has dealt with many, many cases. One of his most recent was a dispute over a change of use of a commercial property in Sandbach.

The property was originally leased for five years as retail space but then the tenant expanded into small scale manufacturing and storage.

"It's an easy mistake to make." says Steve. "We're not all experts in property regulations. The tenant just wanted to make the most of the growing business.

"The landlord found out and this caused a lot of distress, reason being both tenant and landlord can be held liable for an unapproved change of use, and the penalties can be large for both.

"The dispute took a nasty turn - both parties exchanging threats and insults via respective legal teams, whose costs were mounting fast. A mediation was undertaken and happily arrived at a settlement on the day.

"The settlement involved the tenant moving her business to a larger (multi-use) premises, owned by the landlord - win win!."

Another case involved an unnecessary dispute over who was responsible for repairs and maintenance on a commercial property - both tenant and landlord believing it was the others' responsibility.

"Over time the state of repair became worse, ending with an order from the local authority to close the building pending essential repairs," said Steve.

"By this time the cost of repairs was substantial, as was the negative effect on the property value if it wasn't repaired.

"Complicating the matter was the fact that a large amount of materials had been spoiled due to a leaking roof, causing the tenant to claim damages from the landlord.

"Mediation in this case did not reach a settlement as the case was too far down the track, with substantial costs on both sides and a lot to lose.

"It was going to court and one party would come out very badly. However, it goes to show that this sort of dispute can, and often is, prevented if parties can agree a sensible way forward at the outset."

Steve added: "Mediation can often be used to agree a shared approach to these sorts of problems before they get out of hand, as well as helping to establish the true position contractually, before Solicitors start drawing up battle lines and building their costs."

Fast Resolve Mediation is a member of the Society of Mediators and offers a FREE consultation. Got an issue you would like to Steve help with? Email him at [email protected]

Alsager Nub News is delighted that Fast Resolve Mediation is the latest sponsor of Alsager Nub News.

It is thanks to the generosity of organisations like Fast Resolve Mediation that we can continue our mission to revive local news, both in Alsager and across the UK.

Want to know more about Alsager?

Free from clickbait, pop-up ads and unwanted surveys, Alsager Nub News is a quality online newspaper for our town.

Please consider following Alsager Nub News on Facebook or Twitter

You can also sign up for our weekly newsletter here - it features the top five stories of the week