Commercial Property Law

Commercial property law is a minefield for the unwary and the ill advised. Whether you are buying or selling, or you are acting as a landlord or a tenant, our expert commercial property lawyers are here to help you avoid costly legal mistakes.

How we can help

We can advise you on and deal with:

  • Buying and selling freehold and leasehold commercial property
  • Negotiating and drafting commercial leases
  • Commercial lease renewals
  • Breaking commercial leases
  • Property development
  • Property investments
  • Property finance agreements
  • Landlord and tenant services
  • Property portfolio management
  • Commercial property disputes including lease disputes

Whether it is a property or lease worth only a few thousand pounds or a multi-million pound sale or redevelopment deal, you can benefit from the experience of our Commercial Property Law team.

For a basic overview of some of the general issues involved in commercial property law, you can take a look at our free commercial property checklists.

When you should contact us

The preliminary negotiations can make a huge difference to the deal eventually struck between the parties. A sound knowledge of the areas of negotiation at the start of the transaction can make all the difference to protect your interests.

It is never too early in the process to take legal advice.

Speak to our commercial property lawyers

To arrange an initial consultation with our commercial property experts, please contact Nick MacIntyre.

We are happy to work with you by phone and email, or we will be happy to arrange a face-to-face meeting at any of our local offices in Ash Vale, Farnborough or Fleet.

Our commercial property law services

Buying commercial property

When investing in property, it is essential that you secure the property and the finance to purchase it on the right terms. Our commercial property lawyers in Surrey and Hampshire can assist with every stage of buying commercial property, including:

  • Reviewing contracts of sale
  • Reviewing finance agreements
  • Arranging conveyancing checks
  • Handling exchange of contracts
  • Dealing with transfer of funds
  • Registering the change of ownership with the Land Registry

Selling commercial property

We can assist with every stage of selling commercial property, including:

  • Preparing contracts of sale
  • Responding to buyer queries
  • Handling exchange of contracts
  • Dealing with transfer of funds
  • Payment of tax

Commercial lease services for landlords

For landlords, a modern well-drawn lease can considerably enhance the value of your investment, discourage dispute, and protect your interests. In addition to ensuring the terms of the lease meet your needs, we can also advise you on the legal rights which you have, irrespective of the terms of the lease.

Our advice and assistance extends beyond a mere explanation of the terms of the lease. We will give you practical advice to help deal with matters that arise in the complex and often difficult relationship that exists between landlords and tenants in the following situations:

  • Break options
  • Default and forfeiture
  • Dilapidations
  • Disposals
  • Renewals
  • Rent reviews
  • Service charges
  • Forfeiture

Commercial lease advice for tenants

From a tenant’s perspective, leases can be both harsh and onerous and do not always mean what they say. Sadly, all too often the money saved in not taking professional advice is lost many times over as the price of ignorance.  Let us help you avoid a costly mistake and reassure you about what you are signing.

Our commercial lease solicitors can assist with matters including:

  • Reviewing & explaining the terms of a lease agreement
  • Advising on break clauses
  • Rent reviews
  • Lease extensions & lease renewals
  • Dilapidations
  • Tenancy disputes

Commercial property law explained

What should be included in a commercial lease?

There is no such thing as a standard property lease. They range in size from a few pages to a hundred or more and must cover as far as possible, every aspect and eventuality that may arise during the term of the lease.

It is essential to get expert legal advice, whether you are landlord creating a lease or a tenant looking to sign a lease, to make sure the terms of the lease agreement match your interests.

Getting the right lease in place can help to establish a good landlord-tenant relationship, minimise the risk of future disputes and give you a clear framework for dealing with any issues that do arise.

How do break clauses work?

Break clauses are clauses that can be added to a lease agreement allowing either the landlord or tenant to end the lease early if certain conditions are met. Exactly when and how you can exercise a break clause will depend on how the lease agreement is drafted.

It is common for a break clause to specify that the clause can only be exercised when a certain amount of time must have passed since the lease began or on a specific date. You will usually have to give a specified amount of notice in writing.

How can you evict a commercial tenant?

Taking back possession of a commercial property occupied by a tenant is known as ‘forfeiture’. The situations where you have the right of forfeiture should be set out in the lease agreement, but will typically involve the tenant having breached the terms of the lease e.g. failing to pay their rent, damaging the property or subletting the property without permission.

While it may be tempting to simply enter the property when the tenant is not there and change the locks, this is a risky approach as the tenant can then potentially apply to a court of ‘relief from forfeiture’. This could see a court ordering you to allow the tenant back into the property and could see you forced to pay the tenant for any losses they have incurred as a result of being denied access to the property.

The safer option is to apply to a court for possession of the property. We can guide you through this process, helping you to regain possession of your property as swiftly and smoothly as possible.

Our commercial property checklists

For a quick breakdown of the key points to look out for when dealing with common commercial property law matters, please take a look at the helpful checklists put together by our expert team.

Speak to our commercial property lawyers

To arrange an initial consultation with our commercial property experts, please contact Nick MacIntyre.

We are happy to work with you by phone and email, or we will be happy to arrange a face-to-face meeting at any of our local offices in Ash Vale, Farnborough or Fleet.

Also see our guide to commercial property law break clauses and tenancy deposit schemes.