Expert help from commercial property solicitors
If you’re new to commercial property law, or you’re simply looking for commercial property solicitors who understand the sector, we provide prompt and expert legal assistance, welcoming both tenants and landlords.
Commercial lease lawyer for landlords
Looking for legal advice on property law? Blacks Legal provides commercial property law advice for landlords. Our team will play an integral role in finalising your lease by checking the terms and ensuring that your contract aligns with your needs.
The terms that need to be considered include the following:-
● Rent and rent review – will it be fixed or stepped? Will it be subject to RPI reviews or an open market rent review? If open market, are there any unusual assumptions or disregards to take into account?
● Repairing obligations – will the lease be on a full repairing and insuring basis or will repair liability be limited via a schedule of condition? What other conditions will there be? Examples are construction defects and environmental liability.
● Alienation – is there any flexibility in terms of assigning the lease or underletting? What conditions will you impose on the tenant in relation to these factors?
● Break clauses – what conditions will the tenant be required to comply with, in order to allow them to exercise the break? Will there be a rent-free period if they do not exercise the break?
● Service charge – how much will the tenant pay, and how have you come to this amount? What services will you be obligated to provide, and will there be a service-charge cap?
There is often pressure to close the deal quickly. But we recommend you take the time to absorb all the information and ensure you fully understand all the terms, obligations and costs involved.
Any issues you wish to raise should be raised at the earliest possible opportunity – this will help resolve any ambiguities and uncertainties later down the line when the drafting begins.
Contact us to speak to a commercial property lawyer today.
Legal support for tenants
Wondering how to get into a commercial property lease? You’ll first need to contact a commercial property solicitor. The landlord, or their agent, will in turn issue a proposed Heads of Terms, setting out the main commercial terms and conditions of the lease.
You should also contact a property agent or surveyor to work with the solicitor to agree on the Heads of Terms. Instruct the surveyor to prepare a survey of the condition of the property, as you will likely be responsible for the maintenance, or be expected to contribute to the cost of maintenance.
It’s always best to resolve any issues as early as possible – so make sure you speak up and speak your mind!
The Heads of Terms covers the main areas of the lease, including:
• Length of the lease (term)
• Rent
• Whether or not a deposit is required (to be held by the landlord during the term)
• Any repair obligations
• Whether a rent review is required
• Any service charges
• Whether there is a break clause
To find this out, you will find the RICS’s “Code for leasing business premises” to be a very helpful guide for tenants.
First, the Heads of Terms will need to be agreed and circulated to all parties. A draft lease will be prepared by the landlord’s solicitor, as well as any other documents required. They will then contact your solicitor to provide evidence of the landlord’s title to the property.
You’ll be supplied with a scale plan of the property. This will be attached to the lease. The plan must accurately show all areas of the property in question.
If you’re wondering what searches are required, don’t worry: your solicitor will discuss these with you fully. They will help you to obtain as much information as you can about the property.
CPSEs are replies to standard enquiries, which the landlord’s solicitor will provide you with. You may want to ask further information based on the replies. The replies may provide documentation such as:
- Details of the property insurance + premium payable, which you may have to pay or contribute towards
- Service charge accounts for previous years + budget for the current year
- Energy Performance Certificate for the property
- Planning permissions and building regulations consents
- Asbestos survey
- Fire risk assessment
- Health and safety file
- Option to tax, (this will determine whether or not you will have to pay VAT on the rent, as well as other payments and due under the lease
Regarding the clauses of the draft lease, your solicitor will be in touch. They will explain the effects of each clause to help you decide whether to accept or reject the landlord’s position - or propose a compromise.
Once the wording of the lease is agreed, it’s a matter of signing the lease. The landlord will inform you of the amount of rent, service charges, insurance and any other sums payable. You will need to pay these on completion.
You’ll need to agree a time to collect the keys from the landlord.
There is a possibility you will have to pay stamp duty to HMRC (depending on the amount of rent payable and the length of the Term). You may also need to apply to the Land Registry: your solicitor will let you know about whether this is necessary.
You’ll need to agree a time to collect the keys from the landlord.
It usually takes a few weeks for everything to be agreed and signed. The process can be longer or shorter depending on the approach you take, the enquiries you raise, the searches and amendments you make, and so on.
Our commercial property
lawyers cover:
- Commercial property acquisition and disposal
- Leases
- Trademark registrations
- Surrender and assignment of leases
- Lease renewals
- Airbnb and rent-to-rent issues
- Shareholders’ Sale and Purchase Agreements
- Franchise agreements
- Joint Venture Agreements (Partnership Agreements)
- Confidentiality agreements, non-disclosure agreements
Why choose our commercial property solicitors?
At Blacks Legal, we're committed to not only meet the requirements of our clients but to exceed them, providing fast action commercial property advice, as well as supporting our clients in growing their portfolio with amazing investments. Legal matters can quickly go wrong when you don’t have experts on your side, but we have the experience to deliver high-quality results.
Please contact us to discuss how we can help with any of your commercial property needs.
Property and development law
If you need advice on commercial property law, Blacks Legal’s team of specialist commercial property solicitors offer a wide range of expertise. Whether your property development speciality is commercial or residential, large or small, Blacks Legal has the legal expertise you need to keep moving forward.
With our legal support, you can stay up to date with legal developments and manage your property needs easily.
Commercial Conveyancing - Acquisitions and Disposals
Unlike Commercial Leases, often lasting a set term at a decided rate, Commercial conveyancing refers to the Freehold purchase or sale of a Commercial Property, much like the sale or purchase of a home.
Commercial Conveyancing usually falls into one of the four main categories:
- Offices
- Retail (e.g. clothing shops, supermarkets )
- Industrial (e.g. warehouses and industrial estates)
- Leisure (e.g. Pubs and Restaurants hotels)
To prevent any issues moving forward, it is advisable to use a specialist commercial conveyancer, as this process requires meticulous attention to detail. At Blacks Legal, we’re happy to assist with the entire process, including the drafting of any required documents, to ensure a smooth sale or purchase from inception to completion.
