Commercial property solicitor

If you are reading this you may be an experienced property professional looking for a new, or different, or more competitive or more efficient or more friendly solicitor. Or maybe you are a new swimmer in the commercial property shark infested sea, and want somebody to tell you what to do, hold your hand and do it for you.

In either case, you’ve come to the right website, and, you may be interested in my way of working. First, I communicate as far as possible by email, otherwise by fax or telephone. This speeds things up and means I can respond more quickly to your instructions.

Secondly, I automatically send my clients copies of virtually all letters sent and received (again, email makes this easy) so they know what is happening and can ring me if they have any queries.

In general, I act for both landlords and tenants and advise on the whole range of commercial lease matters from the formation of leasehold interests through ongoing management issues and disputes, to disposal and determination of the lease. Most businesses have some interest in property, whether shop, high tech design office or factory unit, and I deal with all these. I will also act in the purchase and sale of commercial premises.

I also accept instructions in the legal side of party wall problems and boundary disputes.

For the beginners, here are some of the things you need to consider, which I will help you with.

1. The purchase of a business property. Does it have planning permission for what you want to do? Is it in good structural condition? Is there anything in the title that stops you doing what you want (generally called a “restrictive covenant”) such as letting all or part of it on a lease? Can you afford it? If you are starting a business, have you an accountant who can advise you on your finances?
2. Leasing (all or part of) your property to a tenant. I will assess what you want and need and prepare a draft lease to produce to your tenant or his/her solicitor. I will deal with any amendments that the tenant wants until we have a lease acceptable to both parties. I cannot go into more detail here because there are so many factors to consider.
3. Taking a lease of property to run your business from. This is similar to no.1 and the mirror of no. 2. I check the lease produced by the landlord and ensure that it is suitable for you. I advise you of all the implications in the lease and negotiate with the landlord’s solicitor on your behalf. I check the same points as I have mentioned in no. 1 (and more) and ensure you know what liabilities you are accepting by becoming the tenant of a commercial lease.
4. Advice during the currency of a lease. If a lease goes smoothly, that’s fine and you don’t need me, whether you are a landlord or a tenant. But here are a few of the things that can cause problems:
• The property is in disrepair. As landlord, what can you do about it? As tenant, what are your obligations under the lease?
• The lease is coming to an end. Is it renewable, and do the parties want to renew it?
• The tenant is doing something not allowed by the lease, or not doing something the lease requires, such as not paying the rent. What can the landlord do about it, and how can the tenant preserve his position?
• A review of the rent payable by the lease is due. What should the landlord do, and what can the tenant do?
• The landlord has taken steps to forfeit or terminate the lease. What can the tenant do?
• The tenant has exercised an option to determine the lease. The landlord says that the notice was in the wrong form/received late/not received at all, or any other excuse. What are the tenant’s rights?
• The landlord has served a notice to quit on the tenant. The tenant says that the notice was in the wrong form/received late/not received at all, or any other excuse. What are the landlord’s rights?
• The tenant of a lease wants to carry out alterations which will improve the property. What should the tenant do to obtain the best benefit from his improvements and ensure they are authorised? What can the landlord do to obtain the best benefits from the tenant’s improvements?

And these are just a few of the potential problems that arise during a lease!

5. The end of the lease. Leases don’t last for ever, and you may want to sell your lease or, if you are a landlord, sell your interest in the property which is leased (“the reversion”). The lease may simply expire at the end of the time for which the property was let. All these can cause problems, and I will advise and negotiate for you.

So you see there is more to a commercial lease than you might initially think. I can help you achieve what you want.