Commercial Property

Properties range from multi-million pound houses to one bedroom flats, in prime residential areas. We make the most of our knowledge of the local property market to identify any potential issues and work to overcome any barriers quickly.

Property can present one of the largest financial commitments for any business so you need a safe pair of hands. Our team of commercial property lawyers has the experience, knowledge and expertise to guide you through your property needs from start to finish, whether you are buying, leasing or selling. We tailor our service to your timescales and budget to make sure you meet your commercial objectives, whilst also offering a wider view of your property interests to highlight future opportunities and minimise risks.

We work with a wide range of clients throughout the UK, including developers, property investors, major corporations, public bodies, schools, owner occupiers, retailers, landlords, tenants and entrepreneurs.

The value of the transactions we handle range from the purchase of a £10million building in London, to the sale of an industrial unit in Manchester for under £100,000. No matter what the size or complexity, we can provide the experience and expertise needed to get the deal done.

We work in true partnership with our clients combining personality with professionalism and a passion for what we do.

Where needed we are able to call on the expertise of our dedicated planning and property litigation lawyers to ensure an all round service is provided.

A majority of UK businesses will either own or rent real estate of some description. Whether you are setting up a new business, moving premises, expanding your real estate portfolio or relocating your growing business, having an experienced commercial property lawyer guiding you through the process is key.

If you are acquiring commercial premises, we will negotiate the best contractual terms for you, carry out all the relevant searches and identify any potential issues along the way before they cause a delay or impact the transaction. When selling your commercial real estate, we will prepare and negotiate the contracts and liaise with the buyers’ lawyers to ensure the process runs smoothly.

As a freeholder, your property is a major commitment leaving you open to liabilities, and we can take a long-term view and anticipate any future issues that could impact you and your business. As a leaseholder you may have a bit more flexibility but it comes with its own risks and we can advise you on the common pitfalls and how to avoid them.

We work with property owners and property developers from all over the UK who have a wide range of property portfolios, including shopping centres and retail outlets, office blocks, industrial estates, factories, pubs and restaurants, leisure facilities and schools.

We also have the benefit of specialist planning lawyers should you need to make any planning applications.

When buying or selling commercial premises there are some important issues to consider.

Heads of terms
Heads of terms are agreed principles usually agreed between a buyer and a sellers’ agent before lawyers are instructed. It is helpful for the heads of terms to be as detailed as possible to minimise the areas for negotiation and it is often worth involving a lawyer at an early stage.

Capital allowances
Capital allowances can be offset against income tax and are available for specific kinds of capital expenditure effectively spreading the offset over many years. It is crucial that this is considered at an early stage as no future claims for capital allowances on a property can be made unless an election is signed before completion.

Survey
If you are a buyer, then you should arrange a survey of the property before contracts are exchanged as the seller is under no obligation to inform you of defects, and the onus is on you to discover them.  You need to establish its general state and condition (which includes the fixtures, fittings, central heating and other service) and obtain estimates for the cost of any repairs recommended, before you exchange contracts.

VAT
An often over looked fact when advertising a commercial property is whether or not VAT is payable on the sale price. If VAT is payable this can (unless relief is available or is structured in a certain way) add 20% (at current rates) to the sale price. This question should be raised very early on in a transaction, and if you are the buyer, this should be checked with the seller’s agents when you are considering putting in an offer.

Property development

Property development can range from simply updating an existing property to buying a large plot of land for a housing development. Development, whatever the size, is key to helping the current housing problems facing the UK.

Our team of commercial lawyers work with developers looking to acquire a new site, landowners selling their site to developers and local government councils, helping with the regeneration of land in St Albans, Hertfordshire, London and throughout the South East. We also work closely with banks to provide funding to developers to ensure these development plans become a reality.

As a developer acquiring a new development site you will need to enter in to a contract with the seller of the land. In the development world, it is often a ‘conditional contract’ that is used which is not legally binding until planning permission has been obtained by the developer and the seller has given consent. Once permission is given, the developer is bound to go ahead with the purchase.

An alternative to this is an ‘option’ which gives greater freedom to the developer as there is no obligation to buy or apply for planning permission; it merely gives the ‘option’ to purchase. There are small differences between the two, and we can explain these to you.

As a land owner who is granting rights or selling land to developers, you will often come across overage or claw-back arrangements. This is the amount the owner is entitled to after the development is complete. Property developments often change scope during the process. The original proposal may be significantly different to what was agreed at the start – for example building more houses or getting new planning permission. This may radically change the value of the original transaction.

To develop property successfully you need professional advisers by your side, to help drive the project forward, overcome any hurdles and work seamlessly with others involved in the transaction. We will work with you at an early stage helping to negotiate the deal, adding value to the initial agreement and heads of terms. Communication is key, and we ensure the legal documentation reflects your wishes.

Commercial Landlord and Tenant

Leasehold law is complex and well regulated. Whether you are a landlord or a tenant, having a clear vision of your commercial objectives and getting the right lease and agreements in place first time will save you time and money.

For landlords, commercial property is a major investment with potentially high returns and risks. For tenants, the main priority is not being tied into a lease that is unreasonable and inflexible. A poor lease can mean the difference between a successful business and one that struggles.

Every lease is different and we work closely with our clients to make sure we understand their expectations, priorities and timescales, negotiating a lease that will meet those requirements.

We work with both commercial landlords and commercial tenants and we therefore understand both sides of the process and the common pitfalls that can be encountered. Our clients come from a wide variety of sectors, including retail, education, charities, leisure and hospitality, with property portfolios ranging from multi-million pound retail units to small office units.

Our lawyers can flag potential issues at the beginning of the transaction and advise you of the best way to resolve them. We will guide you every step of the way so you are able to make a fully informed decision.

Setting the length of your lease and the rent payable

The term and rent is first negotiation point. There needs to be a balance between securing the property for a reasonable length of time and flexibility to cope with the changing commercial needs. Small businesses generally want to negotiate shorter leases whilst larger operations may take a longer term view. The level of initial rent and how and when it is reviewed is also a key negotiation point on which we can advise. Tenants are often requiring more certainty over future rental levels and there is a move away from more traditional methods of review to fixed or capped reviews.

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