Commercial Conveyancing

Whether you want to purchase, sell, or lease commercial property, either as an occupier, owner, investor, or developer, our team of commercial conveyancing solicitors can provide you with bespoke legal services specifically tailored to promote your business strategy and achieve your commercial aims and objectives.

Most businesses require premises to work from, such as offices, factories, storage facilities, retail shops and cafes/restaurants.  Some businesses own their premises, but most will occupy their business premises under a commercial Lease, paying a market rent.

Commercial Leases and agreements contain numerous detailed provisions which will affect the Tenant.  These provisions tend to be more favourable to the Landlord than the Tenant and can impose onerous obligations on the Tenant. Some of these provisions may not be reasonable. Further, the effect of current commercial property legislation can impact the Tenant significantly.

It is therefore essential for a Tenant to take the advice of a specialist commercial property solicitor, so that their rights and obligations are fully understood prior to completing the Lease.
Susanne Hamilton at HPJV solicitors is an experienced Commercial Property solicitor, having practised in this field for over 20 years.  Please feel free to email her at susanne.hamilton@hpjv.co.uk or telephone our offices on 01633 242526 to make an appointment.

Our commercial conveyancing solicitors’ expertise

Our commercial property conveyancing team has expertise across all property transactions and matters involving commercial property, including:

  • Buying or selling commercial property
  • Taking or granting Leases of commercial property
  • Schedules of Condition of commercial property
  • Lease renewals and assignments
  • Leasehold enfranchisement
  • Lease variations and terminations
  • Acquisitions and disposals

Commercial property is a notoriously complex and confusing area of law, and disputes can quickly arise later down the line if the original agreement or transaction is not handled professionally. Therefore, it is absolutely essential that you instruct an experienced commercial property solicitor to handle the matter on your behalf.

A specialist commercial property solicitor will carry out legal investigations into the property such as:

  • Ensuring that the premises has the correct use class from the local authority to carry on the type of business that the Tenant intends.
  • Obtaining a planning history of the premises.
  • Ascertaining whether the property has the benefit of any rights or is subject to any adverse rights and check the legal title. For example, to ensure that the Landlord has the legal right to grant the Lease. 

Taking or granting a Lease of commercial property

Many businesses do not buy the freehold of commercial property outright unless they plan to develop it themselves, or they specifically invest in commercial property. Instead, many businesses choose to lease their premises.

Our services include initial negotiations to ensure the terms of the Lease are favourable, such as terms regarding rent reviews, service charges, and your rights to use and manage the premises; advising on Stamp Duty Land Tax; and ensuring the final Lease complies with the Code for Leasing Business Premises in England and Wales 2007 (a code which promotes fairness in commercial Leases).

Lease renewals

The Landlord and Tenant Act 1954 provides an element of protection for the commercial Tenant, to the extent that if the Lease does not exclude its provisions, then the Tenant is entitled to a new Lease at the end of the initial term, on substantially the same terms as the original Lease. 

This will be important to a Tenant who has carried out expensive refit works, for example.  We can negotiate an option to renew the Lease at the end of the term on your behalf, for example, to protect against having to leave at the end of the Lease term.

Lease assignments

We can assist you in assigning your commercial Lease to another party, including obtaining the Landlord’s consent (if required by the Lease), negotiating with the new Tenant, and representing your interests during liaisons between the Landlord and new Tenant.

Lease variations and terminations

If you want to vary your commercial lease, our commercial property conveyancing solicitors can use expert negotiation skills to discuss the desired changes with the Landlord and will manage all the necessary documentation on your behalf to ensure there can be no dispute about the variations in future.

When initially negotiating the terms of your Lease, we can encourage the inclusion of a break clause to enable you to terminate the Lease with notice during the agreed term. If you already have a commercial Lease with no such term included, we can assist by instigating negotiations with the Landlord and exploring viable options, such as breaking the Lease with permission, assigning the Lease to someone else, or subletting the property.

Schedule of Condition of commercial property

Many modern commercial Leases will be granted on a full repairing basis.  It is therefore important that the Tenant agrees a Schedule of Condition of the property with the Landlord before entering into the Lease, and to ensure that the Tenant does not have to put the property into a better state of repair than it was at the commencement of the Lease.

We can help you propose a suitable Schedule of Condition which specifies the extent of your repairing obligations.

Dilapidation claims

In the event that your Landlord claims you have breached your repairing obligations upon expiry of your Lease, our commercial conveyancing lawyers have the specialist knowledge to help you defend the dilapidation claim, including presenting the Schedule of Condition as evidence, negotiating down the costs, or proving that the Landlord has no intention of doing the work they are claiming for.

Why should you choose HPJV Solicitors for your commercial conveyancing needs?

Due to the complexity of the commercial conveyancing process and the risks to which you could be exposed if errors are made, you need a specialist lawyer with extensive experience conducting commercial property conveyancing transactions.

Our team includes Susanne Hamilton, an expert commercial property solicitor with over 20 years of experience assisting clients with commercial conveyancing matters. Therefore, you can trust that you will receive only the highest quality of legal services and advice which is knowledgeable, professional, and tailored to promote your commercial goals and strategy.

Our clients’ needs are always central to what we do. As a result of our dedication, we have been recognised by the Law Society in Lexcel, the practice quality mark for excellent client care and legal practice management.

HPJV Solicitors is independently regulated by the Solicitors Regulation Authority (SRA).

Contact our commercial conveyancing lawyers today for further advice and information

Susanne Hamilton at HPJV solicitors is an experienced Commercial Property solicitor, having practised in this field for over 20 years.  Please feel free to email her at susanne.hamilton@hpjv.co.uk or telephone our offices on 01633 242526 to make an appointment. You can also fill in the simple enquiry form at the top of the page for a quick response.

 

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