Search

How can we help?

Commercial Real Estate

Buying & selling

 

If you are acquiring or disposing of commercial real estate whether for investment or otherwise then we can help guide you smoothly through the process from start to finish.

We also have experience of auction sales and purchases, contracts conditional on planning and more complex transactions subject to options, overage or clawback. 

“Very professional, knowledgeable and accessible lawyers.” 

Chambers and Partners

FAQs – Buying and Selling

Due diligence is necessary to ensure you know enough about the property to be able to make an informed decision on whether the transaction is an appropriate investment for your business. You do the following before entering into the transaction:

  • check title documents, leases and contracts currently related to the property
  • carry out inspections of the site for any defects or maintenance issues
  • check financing options available to you
  • commission a surveyors’ and valuers’ reports to determine the value and condition of the property

Heads of terms set out the main terms agreed between the parties. They are used towards the beginning of the transaction to indicate an agreement in principle between the parties, and outline the timescales and each parties’ obligations in the process.

However, the parties are not legally obliged to enter into a contract on those terms or at all.

Following completion, you will need to pay any Stamp Duty Land Tax owed on the transaction, if any, and register it with the Land Registry, if capable of registration, within a specified period in most instances.

As the owner of a freehold interest, you are the owner of the land and the buildings and that ownership is not limited by time. A leasehold interest is not so simple. You hold an interest that is limited to the length of the lease.

The landlord retains ultimate ownership of the property, and the lease sets out the details of the relationship between the tenant and the landlord. Many property transactions are conducted on this basis.

Key contacts

Read, listen and watch our latest insights

art
  • 25 April 2024
  • Commercial Real Estate

Food for thought when opening a restaurant

In this article, we provide an overview of the key considerations for restaurant entrepreneurs to keep in mind when starting their new venture.

art
  • 27 March 2024
  • Commercial Real Estate

5 key considerations when taking on a lease of a pub property

Taking on a pub property can be both exciting and daunting. Here are 5 key considerations that pub tenants should consider when taking on this new venture.

art
  • 28 February 2024
  • Commercial Real Estate

Hidden risks in serviced office agreements

This is usually a fully furnished and equipped office space that is managed by a facility management company and made available for short-term or long-term rentals to businesses, varying from one week to a year, or even longer.

art
  • 05 February 2024
  • Commercial Real Estate

What happens when a tenant serves a break notice ‘early’?

To exercise the break option, the tenant had to provide the landlord with at least six months’ notice, and in order for the notice to be valid, it must be served by special delivery or have receipt acknowledged by the landlord.

art
  • 01 February 2024
  • Commercial Real Estate

Can a tenant forfeit their own lease?

In the unusual case of NPS (40GP) Limited v Liberty Commodities Limited EWHC 2137 (Ch), a landlord had to dispute a claim by their tenant that their lease had been forfeited, after their key card access to the building had been revoked following routine maintenance.

art
  • 25 January 2024
  • Commercial Real Estate

Can the Local Authority force me to lease my commercial property?

This article explores the key aspects of the Levelling-up and Regeneration Act 2023 (LURA 2023) that may impact landlords in England.

We have always been impressed with the speed and reactivity displayed by the Clarkslegal Commercial Property team and their ability to make complex situations seem more straightforward.” 

Crown Europe

“It has been an immense pleasure to work closely with this firm that takes great care of its clients. The professionals are of the highest calibre and diligence.” 

Orkhan Eyyubov, Founding Director – New Canada Capital