Dedicated teams
and partners -
our approach is
characterised by
good relationships.
Commercial property
Our commercial property department comprises commercially minded, innovative lawyers with legal expertise across the entire spectrum of property activities, from a tenancy agreement to the most complex of leasing arrangements.
Our teams act in all the areas of the commercial property marketplace, and liaise closely with other specialist Hewitsons lawyers dealing with construction, planning, environmental law, corporate law and so on.
- We are keen for transactions to proceed:
- According to appropriate (and often tight) timescales
- With the minimum of complications
- With an awareness of the practical concerns of our client’s business
- With sensitivity to delicate negotiations
- With recognition of changing market conditions
- With speedy and efficient channels of communication and reporting adapted to particular needs
- With full and cost-effective guidance and support for the client throughout
Property acquisition and disposal
We’re experienced in the acquisition and disposal of all kinds of commercial property, from offices and retail units to specialist laboratory facilities, factories and warehouses, landfill sites and motorway service areas.
Along with our construction and planning colleagues, we excel in development site assembly, pre-let agreements and funding arrangements of all types. Careful preliminary investigation and precise contractual obligations are required whatever the strategy. The more thought that goes into preparing the sale or lease package, the better chance of a swift and satisfactory completion.
Leasehold property
Modern leases are complex. Relevant commercial property law and market practice are changing all the time to accommodate the additional flexibility demanded by today’s business tenants.
For a landlord, an inadequate lease can harm the marketability and value of its interest in the property. For a tenant, an exceptionally onerous lease severely affects business profitability.
For tenants, obligations may continue after disposal of the lease (notwithstanding the abolition of privity of contract) and we will advise on the best way to minimise this liability.
We act for both landlords and tenants and give swift practical advice on all types of leasehold transactions. Working closely with other divisions in the firm, we offer advice on tax, including VAT.
Above all, we’ll negotiate terms to your best advantage – all the time conscious of commercial time constraints and commercial property marketplace realities.
Statutory security of tenure
Among the specific commercial property areas we cover are:
- Termination of business tenancies
- Renewal of business tenancies
- The preparation and service of court proceedings, including applications on behalf of landlords for interim rent
- Advice on compliance with the strict statutory time limits relating to all procedures in connection with the renewal, or opposition to renewal, of business tenancies
- Advice to landlords on how best to prepare cases for opposition to a tenant’s application for the grant of a new tenancy, and for the recovery of vacant possession on any appropriate statutory ground
- Compensation payable to tenants
- Advice as to the terms of the new lease having regard to current market practice
All necessary steps under the statute affording the security of tenure will be taken promptly in order to protect the position of the client, whether landlord or tenant.
Rent reviews
With continual changes to law in the construction and interpretation of rent review and other provisions in leases, it’s important that landlord and tenant have professional and experienced commercial property advisers.
Key factors are:
- Developments in law between each rent review can place one party at a considerable advantage
- The impact of the construction and interpretation of rent review and other provisions can have a big financial effect. As rents change there is more for either party to gain or lose. Uncontested rent reviews will be achieved less often
- We can advise on the steps to be taken at review; on whether the lease provides for the rent to be decided ultimately between arbitrator or expert; and on the current legal interpretation of the review provisions
Our commercial property team gives practical advice to landlord or tenant regarding the various covenants and conditions during the course of a lease. This typically covers subletting, repairs, alterations and service change provisions.
Many of our commercial property clients own substantial portfolios of mixed leasehold and freehold properties, and we are adept at providing advice in a streamlined and efficient way.
Our property dispute resolution lawyers deal with contested renewals of leases, dilapidations claims, service charge disputes and many other property related issues.
Associated services:
Construction
Commercial Development
Environment
Residential Development
Planning
Property Litigation
To download our latest Commercial Property Briefing please visit our Knowledge Centre.
