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commercial real estate

Lettings lawyers in London & Thames Valley

 

Whether you are a landlord or a tenant, letting or renting a commercial property can often involve a variety of complex issues. Our commercial real estate team can provide support from negotiating terms to completion of the transaction. 

We are experienced in property management for business parks, shopping centres and all types of commercial property and proud of our expertise in retail, leisure and restaurant lettings as well as public sector projects, notably in the fields of health and education. 

“They are knowledgeable, friendly, efficient and a pleasure to work with.” 

Chambers and Partners

FAQs- Lettings

When a lease is outside the Landlord and Tenant Act 1954, it means the lease is granted without security of tenure. Security of tenure means the tenant has an automatic right to renew a lease when it expires, on similar terms but at market rent, unless the landlord is able to regain access of the property by exercising certain statutory grounds and stop a new lease being granted. When a lease is outside this Act, the automatic right to renew the lease is lost and the tenancy will either terminate on expiry, or a new lease will need to be negotiated.

The lease terms will determine the extent of your repairing liability, so thorough negotiation and drafting is required to limit these as far as possible. One specific solution might be to attach a photographic schedule of condition, documenting the state of the property at the time the lease was granted. Appropriate wording in the lease can then limit your repairing obligations, so that you do not need to keep the property in a better state and condition than evidenced by the schedule of condition.

Possibly. Rental income can be exempt from VAT, but there are complex rules governing when VAT is chargeable or not. Many landlords voluntarily opt to tax their commercial buildings which would usually mean that VAT would be payable on rent. We would advise seeking specialist tax advice, if necessary.

There are a few options. You could agree to surrender the lease with your landlord or otherwise seek to vary your lease to shorten the term or add in an early break right. Unfortunately, the landlord would need to agree to these resolutions otherwise you are tied into your lease until it terminates.

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Read, listen and watch our latest insights

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  • 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.

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  • 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.

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  • 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.

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  • 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.

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  • 04 December 2023
  • Commercial Real Estate

Real Estate update and 2024 expectations

The ECC confers rights on code operators to install and maintain electronic communications apparatus on public land, and even grants operators the right to sometimes apply to court for an order allowing them to install and maintain such apparatus on private land.

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  • 16 November 2023
  • Commercial Real Estate

Navigating Telecom agreements: landlords beware

A telecommunications agreement, or wayleave agreement, is a contract between a service provider and a landowner which allows the service operator access to install infrastructure on the privately owned land, in return for wayleave fees.

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