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Shopping centre tenants

Legal services provided to store tenants in shopping centres

Lease agreements concerning stores and premises in a shopping centre are extremely extensive and complicated. They are a combination of a number of legal mechanisms, which in an appropriate configuration create a huge advantage of a shopping centre over the tenant. This advantage can be eliminated to a certain extent to the benefit of the tenant. This can be done with the assistance of lawyers who know business reality of shopping centres and who have experience in the practical application of specific contractual clauses.

Our Law Firm has been specialising in the provision of legal services to the shopping centre tenants all over Poland and providing them with the most possible extensive protection for nearly 10 years.

We have won numerous court cases with shopping centres, have concluded numerous settlement agreements favourable to the tenants which were beyond their reach before.

Our broad experience in the shopping centre market in Poland singles us out from other legal firms. As a consequence, we had a chance to visit and review a lot of shopping facilities in Poland and we know both their weaknesses and strengths. We can assess in advance the business consequences of decisions made by our Clients and present relevant recommendations to them.

Legal knowledge itself is insufficient in relations with shopping centres and must be combined with practice as far as technical and construction solutions, shared cost settlement methods and ever-changing practices of shopping centre management companies are concerned. We have all these competences due to our ongoing contact with the lease market.

Our services:

  • We analyse and negotiate lease agreements with the shopping centre owners before the agreement conclusion
  • We renegotiate and modify the pending lease agreements
  • We assist in the lease agreement termination and shopping centre relationship end
  • We provide ongoing legal and business advice to the tenants
  • We represent the tenants in disputes with shopping centres, including in court trials and enforcement proceedings
  • We develop the tenant’s strategy in actions with the shopping centre
What we offer

litigation

We represent tenants in court disputes. We are experienced in drafting effective strategies for litigation against shopping centres. We handle disputes before common and arbitration courts across Poland. Since we are involved in many cases, we have our own unique base of court decisions in cases involving the tenants.

associations of tenants

We assisted in the establishment of the first Polish association of tenants of premises in the shopping centres, which we are currently supporting with our professional knowledge. The association provides the tenants across Poland with active assistance.

ongoing advisory services

We assist tenants with their day-to-day issues related to carrying on business in the shopping centre. We renegotiate the agreements and advise tenants which most optimum strategy they should choose.

negotiations of lease agreements with the shopping centres

We assist tenants in negotiations of lease agreements with shopping centres. This applies to both new and pending agreements and agreements planned to be extended. We advise the tenants to what aspects they should draw their attention and how to safeguard their interests in the future. We help assess potential risks and inform what practical threats may arise from contractual clauses which are usually neglected.

representation of tenants in enforcement proceedings

We are experienced in protecting the tenants’ rights when the enforcement proceedings are carried out by the shopping centre or court enforcement officer. We actively use the legal opportunities to defend the tenants by suspending the enforcement procedure, bringing an anti-enforcement action, bringing an action against defective actions taken by the court enforcement officer.

In all matters related to shopping centre tenants, please do not hesitate to contact

Tomasz Henclewski, Ph.D., Attorney, Partner

+48 61 222 44 30
t.henclewski@henclewskiwyjatek.pl

contact

If you run a business and look for a partner to provide you with legal services, please do not hesitate to contact us.

contact:

+48 61 222 44 30
biuro@henclewskiwyjatek.pl

address

ul. Chwaliszewo 72/7
61-104 Poznań