What we do in the Commercial Property team

We are experienced in dealing with small and large property portfolios, including those held by pension funds and those within the retail, marine and hospitality sectors. We have also managed large scale industrial and commercial sites. Our aim is to work closely with you and your other professional advisors including your commercial agents, professional trustees, lending institutions and financial advisers to ensure your transactions proceed as quickly as possible.

Whether you have one property and require a lease for a new tenant, or you are acquiring a large portfolio subject to existing tenancies, working with us will mean you are in safe hands. We will handle renewals and new tenancies, and our teams’ expertise allows us to advise on any aspect of property management. We can also help you set up your site with a strong lease precedent to ensure continuity for the future, keeping your costs down. We have links with all major commercial agents so no matter what your query or problem, we are always at the end of a phone or email to provide advice as and when you need it.

You can read a selection of our useful articles for commercial landlords by clicking the following links:

• What are the new regulations on Commercial property Energy Performance Certificates?
• Good news for landlords on rent apportionment post break clause

Taking your first lease or moving to new premises is a major step for most businesses whatever their size, and commercial leases can be a minefield for an unsuspecting tenant. When negotiating your lease it’s important that you have proper representation to ensure you understand exactly what you will receive, your obligations and responsibilities and how much it is likely to cost in the long term. Investing in the right advice on your lease now could prove vital to your business and potentially save you thousands of pounds in the future.

To assist you with understanding the key matters to look for at the negotiating stage, visit our Commercial Property Leases Checklist.

Renewing your commercial lease

You may have the right to remain in your property and to renew your business lease if you have security of tenure. Our team can advise as to these rights in order to protect your interests and to make sure you get the right outcome for the future.

Ending a commercial lease early

If you need to leave the premises before the end of the term and your lease has a break clause, you will need to serve a notice on your landlord. Break clauses are very tricky and have been the subject of recent and controversial court decisions. It can be easy for a landlord to prevent a break notice having the desired effect. To ensure you can leave the premises at the time of your choosing and well in advance of this break date, you will need to seek adequate legal advice, which our team can provide you.

Assigning a commercial lease

If you do not have a break clause, you may still be able to vacate the property by assigning, or transferring, your lease to a third party. This will require your landlord's consent and your landlord may have some additional requirements, including you giving a guarantee for the new tenant. It is important that before taking a step of this nature that you seek detailed legal advice from a member of our team.

We have comprehensive experience in advising all manner of clients, whether highly experienced in property development or acquiring the first site in their portfolio, in every type of development acquisition.

Previously we have helped our clients acquire both freehold and leasehold interests in large high net worth apartment complexes, housing developments, major commercial new build sites, leisure developments and retail units. We can advise from the outset on the best possible structure for your deal, including overage, put and call options, pre-emption agreements, exclusivity/lock out arrangements, conditional contracts and unilateral undertakings including s106, s278 and s104 agreements. We can also advise on and assist with the site set up and subsequent disposal of any units, preparing excellent precedents for your site, and are well versed at dealing with all of your professional advisors, including lenders, accountants, project managers and financial advisors.

We are here to make the process as simple as possible and to compete your transaction within the time frames you require. Even where the matter involves the purchase or sale of a business, we can assist, involving colleagues in our Corporate and Employment Law teams where needed. Whether the property is freehold, leasehold or a mixture of both, you will be in safe hands with advice just a phone call or email away.

If you are selling, we can help you reconcile the information you will need to give your buyer, advising on your legal obligations and replies to enquiries, and ensuring your title is as straightforward as it can be. Preparing a concise contract pack at the outset can lead to a quick and easy transaction, whether you are selling privately, on the open market or at auction. Equally, if there are more technical elements to the transaction, including overage, conditionality or options, we have the expertise to advise you on the best possible structure for the deal.

When you are buying commercial property, you need clear advice from the outset to avoid any potential pitfalls, ensuring you can make the right decision for your business without any hidden surprises. We will liaise with both the agents and the lenders (acting for the latter where required) to ensure everybody is kept up to speed and even where the matter has complex or unusual elements, you can be sure you are getting the best advice throughout.

Buying and selling commercial property at auction can be quite different to a standard sale and purchase.

If you are selling, we can help prepare the contract and guide you through the information you will need to go into the auction pack. We can compile this pack quickly and concisely in order to ensure a swift transaction.

Buying property at auction is risky business. You exchange contracts when the hammer goes down, leaving you contractually obliged to buy the property no matter what. You can reduce the risk of this by asking us to review and advise on the contract pack in advance. Getting the right advice before you buy could save you a great deal of time and worry. We are used to tight deadlines and know what to look for, leaving you in safe hands.

Granting rights over your property can have a long lasting effect on your enjoyment of it and even the value. Talking to one of our expert lawyers can guide you through a process that may otherwise be fraught with complications if it is not dealt with properly. We are on hand with a friendly, practical approach to help you decide what is best for you and your property.

If you are already occupying your commercial premises under a lease, then you may need expert advice to ensure that you are fully informed before making any decisions for the future of your business.

This could include renewing your lease and whether you have the right to stay in the property under the Landlord and Tenant Act 1954 or not; ensuring that you know your rights can make a huge difference to what you agree with your landlord.

Equally, you may be looking to leave the premises before the end of your lease. You could be expanding or perhaps things have not worked out the way you had thought. Either way, this may mean assigning (transferring) your lease to a third party, or perhaps underletting the whole or just some of your property. All of these options have differing liabilities for you and it is vital that you are aware of the implications of your decision before you make it.

Speak to a member of our specialist team today about how we can help advise you on your leasehold property, whether you are planning to stay for longer or looking to make an early exit.

We have specialist lawyers that can advise on strategic land contracts including land promotion agreements, collaboration and land equalisation agreements, hybrid agreements which incorporate elements of option agreements and promotion agreements and long term option agreements. We act for both landowners and promoters and offer commercially pragmatic advice to achieve the best outcomes for our clients.

If you are buying a commercial property and require a loan, or are considering lending against a commercial property, it is vital that the loan is properly secured and that the property is good security for the mortgage. We can assist with all elements of commercial mortgages and have many years of experience in advising lenders, whether high street, specialist or private, on perfecting their security.