Commercial Property Solicitors

We can advise landlords on these including your obligations under the agreement and in relation to the rent depost. We prepare them quickly, often on the same day, to ensure the quick letting of your property.

In relation to existing tenancies, we can advise on the clauses in the agreement, on the service of notices to terminate and both partys rights relating to breaches.

We can advise you whether you are buying or selling a property at auction.

Whilst such sales and purchases are in many aspects the same as a non auction transaction, there are some differences.

For example, once your bid at the action has been accepted, contracts are then exchanged immediately and the completion date is fixed in accordance with the terms of the auction contract.

If selling by auction, it is advisable for you to discuss the transaction before the property is actually put into the auction. There may be matters affecting the property either physically or in its legal title which may call for the drafting of special clauses to be added to the general ones.

If buying at auction, it is advisable for you to discuss this before you bid so that we can check the title to the property and make sure that there is nothing which would adversely affect either the property, it's value or mortgagability. 

We also need to check both the general and special conditions in the auction contract and advise you on these so that you are in a position to bid knowing exactly what you are buying.

We can advise on all aspects of company disputes and provide advise on dealing with these whether by negotiation, mediation or court proceedings.

We can advise you on creating a lease for your commercial or residential property.

These sections provide securtiy for commercial lessees relating to the renewal of their lease. However, the Landlord and Tenant Act 1954 does make provision whereby at the commencement of the lease these sections can be excluded. We can advise both landlords and tenants on this including the advantages and disadvantages, in commercial terms, in following this course when a new lease is being granted or the effects in respect of an existing lease.

With our extensive experience of property matters and acting in shared ownership schemes we are able to offer a comprehensive service to Housing Associations.

We will work with you in relation to the original purchase of the development/property and deal with matters quickly to ensure the same progresses as you require.

If it is that you have new members of staff that are unfamiliar with property transactions we can provide advice, assistance and support to them so that they fully understand what is happening. Once the property has been purchased we will prepare all the necessary documents for future sales including leases and be in a position to submit these to prospective purchasers solicitors within 1 day of receiving your instructions to proceed.

It is our intention that the papers which we send deal with all matters which need to be looked at by the purchasers solicitors so that it is not necessary for them to have to raise queries which you then need to deal with and which will slow down the process.

We are aware of the necessity of matters being dealt with in a speedy and efficient manner but at the same time understanding the needs and concerns of the potential purchasers.

As we have departments dealing with matters other than purely conveyancing we are able to also offer you and your staff advice in a number of other areas of law.

Commercial and residential leases generally have clauses preventing alterations or additions being made to the property without the consent of the landlord.  We can advise as to whether or not the proposed works do or do not constitute an alteration or addition.

If consent is in fact required, then such consent usually has to be in writing.

We can help you with this by either preparing the licence or ensuring that it does cover the work you want to undertake.

If you are a tenant and you wish to sell your commercial lease then you will, in most cases, need the written consent of your landlord to do so.  We can deal with this on your behalf whilst dealing with the sale of the property. 

If you are a landlord we can prepare any relevant licence and also advise you on other matters which should be considered before agreeing to an assignment of the lease, for example whether or not you should seek a rent deposit from the new tenant or insist on the current tenant entering into an Authorised Guarantee Agreement (AGA).

We can advise you on licenses for your premises and make the necessary applications on your behalf.

In relation to individuals, we can also advise you in respect of applying for a new licence and what information and qualifications you will need to produce and courses which you may need to attend in order to obtain such licence.

We can also act on your behalf in relation to any refusal to grant a licence or threat to revoke an existing one.

We can advise on and prepare all forms of option agreements for example:

An option to purchase subject to the obtaining of appropriate planning consent;

An option to purchase shares.

We are on the panels of the major banks and other financial institutions and will therefore often also be instructed to act for them as well as acting for you.

We know their requirements and can therefore progress your matter swiftly.

We can advise you on the terms of the mortgage you are taking for example:

Whether or not there are penalties for early redemption;

Whether there are changes to the interest rate payable by you if you default on your payments or are late in making them;

Whether the obligations under the mortgage extend to other debts which you may have with the lender.

Whether there are obligations for the regular production of accounts or other information to the lender.

We are able to prepare documents quickly ensuring that they meet modern commercial requirements.

We aim to be able to submit draft documentation to the other partys solicitors within 2 working days of receiving your instructions and all relevant papers but will often be able to do it sooner.

We pride ourselves on always seeking to negotiate the best terms for you whilst also ensuring that they are not so onerous as to cause the deal to fall through.

Where necessary our solicitors will attend at the property to ensure that the terms of the lease accurately reflect the physical condition of the property itself.

They can also meet with and/or discus the transaction with your accountant or other financial advisor to ensure that the transaction is dealt with in the most tax efficient way. This can be particularly important in the case of commercial leases.

If the lease has not been excluded from the provisions of the Landlord and Tenant Act 1954 you will, as the tenant, have (subject to a small number of exclusions) the right to insist on being granted a new lease.

If your landlord is not willing to do this there are provisions for making an application to the Court for a new lease.

We will be able to advise you fully on your rights and upon what terms the new lease should be granted and can negotiate the terms with your landlords solicitors or surveyors.

If your lease is outside the provisions of the Landlord and Tenant Act 1954 we can still help you negotiate the terms of a new lease if your landlord is willing to grant one.

We can advise you from the initial matters such as due diligence through to the completion of the acquisition and dealing with post acquisition matters.

If buying a business it may be that what is being sold is not actually the business itself or the property from which it operates but in fact a company which owns the business and the premises.  This may seem to be an easy option rather than having to buy, for example, the premises.

However, there are risks involved:

The debts of the company will fall to be paid by you once you have bought it. This includes money due to the Government for example for tax, employers national insurance and PAYE.

Does the person selling the shares have the right to sell them or is there an obligation to sell them to someone else or a restriction on who can buy them?

What rights will employees of the company have against you?  Will you have to continue to employ them and if you do not do so will they have a claim against the company which you will then have to meet?

Do the employees have pension rights which you will have to continue to meet?

Is there on-going litigation involving the company or potential litigation which you will have to deal with following your purchase?

What contracts does the company have?  Will these automatically be transferred to you once you have bought the shares or could they be ended?

What is the companys true financial position?

Very careful checks have to be made to ensure that you know exactly what your liabilities and potential liabilities will be.  With over 30 years experience in this area, we can fully advise you on these matters. Once you have bought the company we can continue to advise you on legal commercial matters relating to the ongoing business and other related matters such as employment contracts and disputes.

We act for a variety of clients ranging from sole traders and small partnerships to large companies.

We understand that you require matters to be dealt with both quickly and efficiently and also to be able to raise queries with us as and when the need arises throughout the transaction.

When acting on a sale of a freehold or an existing lease or on the grant of a new lease, we aim to submit papers to the other party's solicitors within 2 working days of receiving instructions from you and receipt of all relevant documents.

When acting on a purchase, we aim to deal with any papers received within 1 working day. Our intention is that your matter progresses as quickly as possible to completion.

It is our intention to provide advice and assistance on not only the legal aspects of the transaction, but also practical advice to enable you to achieve your aims.

Often in these types of transactions, other matters arise for example queries with regard to employment or company matters. As we have departments dedicated to these, it is easy for us to refer them and for them to be resolved.

Whilst the basics of these transactions are similar to residential properties, there are a number of additional matters which will need to be taken into account.

For example:

Is the property being sold with the benefit of an ongoing business?

Is the property currently let to someone else and, if so, will such tenancy continue following the completion of the transaction?

Does work have to be done to the property to make it suitable for your business and, if so, will this be done before or after you have completed your purchase and at whose cost?

If you are purchasing or selling a leasehold property;

Is there to be any rent free period?

Does the current planning use of the property cover the nature of the business you wish to run?

Have all relevant planning permissions and building regulation consents been obtained?

Are there any outstanding matters with the local authority relating to health and safety issues?

Should you buy the property in your name or form a company to do so?

If the property is leasehold will you be able to renew your lease when it expires?

Will the landlord legitimately be able to require a rent deposit from you before agreeing to grant a lease to you or agree to a lease being assigned to you?

What will your repairing obligations be both during the term of the lease and also at the end and is there anything you can do to minimise the potential costs/risks especially in relation to a schedule of dilapidations?

If you are a landlord:

What are your legal obligations both under the terms of the lease and also statute in respect of the property itself, the tenant and people who attend at the property?

What plans will be needed?

Do you need to be concerned about what the tenant does at the property?

Who is to insure the property?

When should the rent be reviewed and what are the effects of the other terms of the lease in relation to what rent you can seek on a rent review?

Will the tenant pay the rent? What can be done to try and ensure that he does do so and on time?

Who is responsible for maintaining the interior and exterior of the property?

What service charges should be levied?

Should the provisions of Sections 24 to 28 of the Landlord and Tenant Act 1954 be excluded and what potential adverse affects might this have and what are the advantages?

Should there be a guarantor and, if so, who is suitable?

Should you have a rent deposit and can you insist on one?

What is the status of the tenant?

What are the risks in letting to a limited liability company and how can these be minimised?

Do you need the consent of a third party before granting the lease; agreeing to its assignment or accepting a surrender?

With our experience and expertise we will be able to advise you on these and other matters.

We can advise you on mortgage and other related documents which you may be required to enter into by your lenders relating to the financing of your business.

Such advice can also be given separately to your partner or spouse (where we are not acting for you) if such a loan is to be secured on a jointly owned property or the matrimonial home.