Commercial Property

Our Commercial Property Department deals with all types of commercial property, including hotels, office blocks, retail shops, restaurants, public houses, pharmacies, doctors’ surgeries, dentists’ surgeries, and farmland.

We offer cost-effective expertise and services in the following areas.

The Acquisition and Development of Commercial Property

Sellers, buyers and developers of commercial property are often involved in making instant decisions. If the available opportunities are missed, the downside is ignored or the documentation is incomplete, the loss can be significant, even catastrophic.

The objectives of obtaining professional advice are to strike the correct balance in a number of ways. First, your advisers may need to address the conflicting interests of the parties involved. Second, they may need to negotiate your rights and obligations. Third, they will need to draft documents in a way which enables you to avoid expensive disputes in the future.

Our team will advise on:

    • Property covenants, easements, rights and title obstacles to development
    • Sale and purchase agreements
    • Overage agreements
    • Development agreements and building contracts
    • Planning permissions and building regulation consents
    • Finance documents and lenders’ requirements
    • Collateral warranties and indemnities
    • Joint ventures
    • Partnership agreements
    • Personal and corporate guarantees

The Acquisition and Disposal of Investment Property

Investment property and finance transactions are fraught with danger. Do other people have rights over the property? Can they be found? If you are a tenant, will you be affected if your landlord changes? Are conditions of finance too burdensome?

We advise clients proposing to purchase or mortgage investment property on:

      • sale and purchase agreements
      • leases affecting the investment property
      • the rights of tenants in investment properties
      • break clauses in such leases and their effective exercise
      • loan and mortgage documents
      • personal guarantees or cross-guarantees required by lenders
      • auction transactions
      • trusts

Is any of this negotiable? In a word, yes.

Care Homes

Our care home clients benefit from our extensive knowledge of regulatory practice in relation to care home transactions and from our commercial acumen in respect of occupancy, fee income streams, planning, and transactional warranties and indemnities.

Our care home team is able to advise on:

      • Structuring the transaction
      • Sale and purchase agreements
      • Risks
      • Financial covenants required by lenders

Commercial Leases

We act for landlords and tenants in the grant and taking of commercial leases. These will be leases of, for instance, shops, offices, restaurants, pubs, warehouses, hotels and other commercial spaces.

We advise on all aspects of commercial leases, including:

    • Agreements for the grant of commercial leases
    • The commercial lease itself
    • Break clauses
    • Rent reviews
    • The necessity for schedules of condition and repair and decoration obligations
    • Tenant’s guarantors and the risk of inadvertent lapse of guarantee
    • Dilapidations
    • Notices for breach of covenant and forfeiture, together with relief against forfeiture

For some of our recent cases, click here.

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