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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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  • 18 January 2017
  • Commercial Real Estate

Real Estate Bitesize Series: Franchising – A good way to grow?

In this webinar our franchise expert, Simon Ralphs, will reveal his top property tips for franchisees looking to become part of a franchise. Should you wish to discuss any of the issues highlighted in the webinar or you would like further information on Clarkslegal, please email marketing@clarkslegal.com.

Pub
  • 01 November 2016
  • Commercial Real Estate

Real Estate Bitesize Series: From Food Van to Restaurant – A guide for Food Entrepreneurs

Entrepreneurs in the FMCG, food and drink and grocery retail are boosting the market with food start ups. A move to bricks & mortars premises require key considerations for property issues.

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  • 11 October 2016
  • Commercial Real Estate

For Landlords – a Section 17 reminder

It was possible during the recession of the late 1980s and early 1990’s to sue original tenants and previous assignees on covenants given in leases when the party to whom the lease had been assigned became insolvent. In some cases, many years had passed since the assignment and many original tenants would have forgotten about any continuing liability.On 1 January 1996 the Landlord and Tenant Covenants Act 1995 came into force.

art
  • 06 October 2016
  • Commercial Real Estate

Elected Union Officials were agents under the Equality Act

The Employment Appeal Tribunal has decided that two elected workplace union officials, despite not being the union’s employees, were its agents and therefore the union could be held liable for their acts of discrimination against an employee.

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  • 08 September 2016
  • Commercial Real Estate

Battle of the rights – Landlord’s right to build vs the tenant’s right to quiet enjoyment

It is commonplace for a landlord who fully owns a commercial property to part rent it out and then to reserve a right in the lease enabling them to develop the remainder of the property. However, would the landlord be completely free to do so?

Pub
  • 08 September 2016
  • Commercial Real Estate

Bitesize Real Estate Webinar Series: Pop Ups

In this webinar Simon Ralphs, Partner in Commercial Real Estate team explains some of the key considerations for businesses looking to have Pop-up retail of food premises, including, location, tenancy, rates and licenses.

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