Business property

What should I look out for when negotiating a new business lease?

It is important that you take advice from a surveyor acting in your interests before agreeing the terms.  It's also best to instruct a solicitor as early as possible in the process.  The solicitor will be able to explain your liability in rent payments; your liability in payments towards the buildings insurance (which is usually paid by the Landlord and claimed back from you); your liability in payments towards the upkeep of the building or surrounding area;  your liability in repairs to the interior or exterior; whether or not VAT is payable on the lease rent; whether you can end the lease before the end of the term; whether you have the right to a new lease at the end of the term; whether you are allowed to sell the lease during the term and if so what restrictions there are; what you are allowed to use the premises for; whether you can make any alterations or put up any signs and how much you need to pay when you take the lease.
 
A lot of tenants don't realise that the lease is a commitment for the full term as you will be expected to guarantee any tenant that you sell or transfer the lease to.  
 

Taking or Granting a Lease

Every day our commercial lawyers are helping landlords and tenants complete property leases.

Leases must be seen as complex contracts under which a landlord allows a tenant to use property. This is in return for long term promises to pay rent and to look after the Property.

The very nature of leases means that any landlord or tenant must take legal advice to ensure that problems are not being created for the future. We will be concerned at all times to ensure that the lease properly reflects the intentions of our client.

 

Environmental Liability

Owners, occupiers, developers and lenders need to be concerned as to whether land they are associated with is likely to be contaminated.

If a site is contaminated a local authority can issue a remediation notice requiring the contamination to be cleared up. The cost of that work could exceed the value of the land. Liability for these costs falls primarily on the ‘polluter’ but can extend to owners, occupiers, developers and lenders.

We will make enquiries of the seller as to past use of the land and commission site history reports to investigate past land uses.

 

Buying and Selling Property

Property Purchase

We investigate the title deeds to check for any problems, review the Contract for Sale and using our internet technology carry out a Local Search, Mining Search, Environmental Search, Water Search and other searches we feel are necessary to provide you with a clear report on the legal matters that will affect the property. We also deal with Bank requirements if you are using bank borrowing to finance the purchase.

Sale of Property

We will obtain your title deeds to prepare the Contract for Sale, help you deal with enquiries raised by the buyer’s solicitors. We will co-ordinate repayment of any bank mortgage.At all times during the transaction, we recognise the importance of reporting to you regularly and maintaining regular contact with all parties involved in the transaction. We will also be happy to provide you with information on our costs at the beginning or at any time during the transaction.

 
 
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Business Property

Business Property

Every business needs a place from where to trade. In the early days a business might trade from home but eventually it will need its own premises. Bigger businesses may face decisions about relocating to find larger premises. The decision then facing such businesses is whether to rent or buy accommodation. Either decision will mean a large investment is required.

Each day our commercial lawyers are helping clients to buy and sell property or to take (or grant) a lease. Our experience helps us to advise clients on potential problems and to ensure that the investment they make is not flawed from the beginning.

With more and more new commercial buildings being built on 'brown field' sites we will also be able to advise you on any potential environmental liability.