We are experts on all legal aspects of landlord and tenant law for commercial and residential leases, including the legal issues arising on conclusion of the lease, during the lease term and on termination.
We also advise in case of conflicts and disputes in this area.
When it comes to leases and related issues, DLA Piper has a strong team of specialised advisors. We advise both private and public tenants under commercial leases.
Below follows a brief list of examples of our legal services in connection with landlord and tenant law:
- Negotiation of leases and tenancy agreements
- Assignment of leases
- Rent review
- Direct and indirect taxes
- Cases concerning termination of leases, including vacation reports
- Title registration and deregistration of leases
- Management of rental properties
Drafting and negotiation of leases
Our legal services are based on the general principle that the lease is the basis for future cooperation. Therefore, the lease should strike a sensible balance between obligations and rights. The lease should also offer protection against disputes to the highest extent possible. We therefore focus on making the wording of the lease clear and unambiguous, taking into account all relevant issues, e.g. the possibility of future legislative changes and changes to the property lease market.
Through our experience in drafting and negotiating leases, we can see matters from both sides. This is often helpful if the goal of negotiations is to reach an agreement.
Our legal services include:
- Drafting, reviewing and future-proofing leases
- Covering risks and pitfalls and flexibility options
- Proposing changes and clarifying draft contracts
- Participating in negotiations
- Assessing financial and public law issues
The property lease market is constantly changing. Consequently, we follow developments closely and optimise our legal services based on our long-standing experience and new knowledge harvested through conferences and research activities.
We carry out regular market research to secure market consistent leases and adapt our legal services in each case to suit the particular needs, requirements and circumstances of the industry in question, such as environmental, health and safety, energy or technical requirements.
Are you a landlord, and do you draft your leases yourself? If so, you can find the answers to three frequently asked questions about lease forms below:
- Do I have to use a form when drawing up leases?
No, there is no requirement for a lease form to be used, and no lease forms are available for business leases, which must be drafted individually. A lease form exists for residential leases, which is approved by the Ministry for Urban, Housing and Rural Districts and available at www.mbbl.dk. No other forms have been approved.
- What happens if I use my own lease form?
Nothing, if the lease is a business lease, but in case of a residential lease, any provisions in the lease reducing the tenant's rights or increasing the tenant's burdens under Danish landlord and tenant law will be disregarded.
- Can I change the terms of an authorised form?
Yes, to the extent that such changes do not conflict with the mandatory provisions of law. But the changes must be stated in clause 11 of the form. The pre-printed text must not be crossed out or overwritten.
The need to adapt and amend leases and to adjust the relationship between the parties to a lease arises on an ongoing basis. This could be as and when the market changes if the economic conditions change or because landlords and tenants focus on how to make a good return and optimise operations.
In most situations, the parties are able to reach an agreement, but sometimes conflicts arise. They may do so because vital parameters which are of great or crucial importance to one of the parties are at stake. In such situations, it may be a good idea to join forces with a legal advisor who can help you resolve the conflict.
We always aim to resolve conflicts and disputes by negotiation, if relevant and possible. A lease is a cooperation between two parties, and it will therefore often be possible to find a solution through dialogue. We help facilitate such dialogue. Litigation and arbitration are time-consuming and costly. In addition, they may have an adverse impact on the parties' cooperation or give rise to uncertainty about the future.
Unfortunately, it is not always possible to resolve a dispute by negotiation. When the possibilities of settlement are exhausted and the only option left is litigation or arbitration, we will plan the process together with you. We are litigation experts, having represented a great number of clients before housing tribunals, the High Court and arbitration tribunals, and even before the Supreme Court in precedent-setting cases.
Our tactical understanding is vast, and we can argue a case in an easy-to-understand and convincing manner to those presiding. The cases litigated by us for our clients concern many different issues, including:
- Market rent
- Subletting and assignment
- Termination of non-terminable leases
- Improvement and structural changes
- Contractual damages
- Issues relating to how new legislation affects existing leases