Commercial Property

Specialising in all aspects of commercial property

The commercial property team is renowned for excellence. Keeping firmly in touch with trends in the market, allows our team to advise and guide businesses through property transactions from a position of strength.

With an experienced team of solicitors specialising in all aspects of commercial property, we aim to work alongside your business providing practical specialist legal advice.

Grant of a new lease to a tenant

The commercial property team at Davies and Partners Solicitors has in-depth expertise and experience in acting for landlords in all aspects of business lease transactions.

If you are a commercial landlord, the commercial property team at Davies and Partners Solicitors can assist you with the granting of a new lease to your tenant when the Heads of Terms have been agreed. We can also offer guidance to you if agreeing terms with the tenant yourself.

Commercial leases are often complex, long term documents. Our team can help to guide you through the process of granting a new lease, or renewing a new lease to an existing tenant so that you fully understand the tenant’s obligations to you for the period of the lease.

If your existing tenant wishes to assign (transfer) their lease to a new tenant, Davies and Partners Solicitors will advise and assist you on the best way to deal with a tenant’s request. Reference information you should request and your obligations in dealing with the tenant’s application for consent to assign their lease will be part of this advice.

Renting business premises from a landlord

The commercial property team at Davies and Partners Solicitors has in-depth expertise and experience in acting for tenants in all aspects of business lease transactions.

If you are a commercial tenant, the commercial property team can assist you through the process of accepting a lease from a landlord; whether this is a lease of new premises or a renewal of your current lease.

Commercial leases are often complex long-term documents and Davies and Partners’ team of solicitors can help to steer you through the process of accepting a new lease or renewing a lease to an existing landlord. This will ensure that you fully understand your obligations to the landlord as their tenant and also understand the landlord’s obligations to you and your business for the length of your new lease.

As a tenant, we will usually prepare a report setting out the key terms of the lease before you enter into any contractual agreement with the landlord.

Our advice in this report will include our investigations into the property, a detailed summary of the terms of the lease and the implications of any other documents such as rent deposit deeds, deeds of guarantee or license for alterations. This will allow you to make an informed decision as to whether to proceed with the lease and commit to the property.

If you are a tenant with a current lease and wish to assign (transfer) your lease to someone else, Davies and Partners Solicitors will advise you on the best way to make an application to the landlord for consent to transfer the lease.
As an outgoing tenant you may have continuing obligations to the landlord in the event that, for example, the new tenant fails to pay rent to the landlord. We will ensure that you are fully aware of any continuing obligations and their effect.

If you are considering buying a commercial property, Davies and Partners Solicitors will ensure that your purchase is dealt with by an experienced commercial property solicitor regardless of the nature or value of the transaction.

Our commercial property team act for a broad range of companies and individuals regionally and across England and Wales, advising in all aspects of commercial property.

These types of transactions involve a number of legal as well as commercial issues. We will work with you throughout each transaction from negotiating the Head of Terms through to completion of the purchase.

Reasons for Buying a Commercial Property

Individuals, businesses and investors purchase commercial properties for many reasons the main being:

  • To have security for their business operation.
  • As an investment to add to a property portfolio or to lease the premises to a tenant.

 

Buyer Beware

When buying an investment property it is crucial that a full and comprehensive appraisal is carried out against the property, including review of any occupational leases. We will ensure that you are guided through the entire process and provide you with a detailed report of our investigations to assist you in making a commercial decision to proceed with the purchase.

Financing the Purchase

If your investment is being supported with bank funding, Davies and Partners Solicitors can assist you. We have good working relationships with a number of commercial banks. We can advise and guide you through a bank or other funders’ security requirements. However the transaction is structured, we can fully advise you.

Post Completion

After the purchase completes, we ensure that your obligations to HMRC in relation to Stamp Duty Land Tax, Companies House registration and Land Registry registration are concluded fully so that you have full peace of mind following completion.

Sale of Commercial Property

If you are considering selling a commercial property, Davies and Partners Solicitors will ensure that your transaction is dealt with by an experienced solicitor regardless of the nature or value of the transaction.

Our commercial property team acts for a broad range of companies and individuals throughout England and Wales, advising on all aspects of commercial property sales.

These types of transactions involve a number of legal as well as commercial issues. We will work with you throughout the transaction from negotiating the Head of Terms through to completion of the sale.

If you are planning to sell your freehold commercial property, you will require sound, solid legal advice from the outset in order to ensure that the sale runs smoothly.
Our commercial property solicitors will advise and you on:

  • Disclosure requirements
  • Warranties and indemnities
  • Negotiations as to the purchase price and restrictive covenants
  • Your rights and obligations with regards to any existing tenants
  • Exchange of contracts, completion of the sale and discharge of mortgages.

Buying Property at Auction

The UK’s commercial property market is growing, largely driven by investors, thanks to a recovering economy and a growing confidence in the commercial sector.

Whether you wish to buy a commercial property for your own business to operate from, or to add a new property to your investment portfolio, you may want to consider auctions as a way of purchasing this type of property. This is becoming a more popular as a way of both buying and selling commercial property. Davies and Partners Solicitors can help to guide you through this auction process.

Buying a commercial property at auction is not for the faint-hearted or the ill-prepared. Once the hammer goes down, you are contractually liable to purchase the property and must pay a deposit to the seller.

We recommend that you, wherever possible, view the property you plan on purchasing as often issues reveal themselves on the ground which are not apparent from other paperwork.

We are on hand to review the legal information contained in the legal pack for you before the auction takes place and can highlight any issues of concern. This may mean that the property is not as suitable for your business’ needs or investment plans. Alternatively, we can give you peace of mind that the property meets your requirements and will be the right investment for your business.

Following a successful bid at auction our commercial property solicitors can deal with the formalities to complete your purchase and all post completion requirements both in terms of Stamp Duty Land Tax and registration of the property at the Land Registry.

Commercial Mortgages

If you are purchasing a commercial property with the support of a commercial mortgage, Davies and Partners Solicitors can help to guide and advise you on the process of entering into the mortgage, the specific terms of the mortgage deed and supporting security documents required by the bank.

We are experienced in advising investors and businesses in connection with refinancing of their property portfolios.

Property Dispute Resolution

Offering a unique range of Dispute Resolution techniques

We appreciate that rushing into court is not the only option available when a dispute arises; often the issues in hand can be resolved quickly by an alternative method avoiding the complex time consuming process of a fully litigated dispute.

Davies and Partners offer a unique range of Dispute Resolution techniques, which can be tailored to suit your situation; combining the skills of our highly experienced litigation lawyers with their specialist skills in Mediation, Arbitration and Adjudication.

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