Commercial property and conveyancing
For businesses, landlords and tenants: commercial leases, buying and selling business premises, and buying and selling homes in England and Wales.
We act for businesses, landlords and tenants on commercial property, including leases of offices, shops and industrial units and the purchase and sale of business premises and investment property. We also act for business owners and their families buying and selling homes. On each matter we check the title, searches and documents, report to you in writing on anything that affects how you can use the property or what it will cost you, and take the transaction through to completion and registration.
Commercial leases
Commercial leases make up much of this work. Before you agree heads of terms or sign a lease, we check the terms that decide what the premises will cost over the whole term: the rent and how it is reviewed, the service charge, who is responsible for repairs, any break clause and its conditions, restrictions on use, alterations and subletting, and whether the lease gives the tenant a right to renew when it ends. When a lease is coming to an end, we advise landlords and tenants on renewal, break notices and dilapidations claims.
Buying and selling
When you buy commercial premises, we review the title and plans, raise enquiries with the seller, order and report on the searches, check any existing tenancies if the property is let, and deal with Stamp Duty Land Tax, or Land Transaction Tax in Wales, and registration after completion. When you sell, we prepare the contract, the title documents and replies to enquiries early, so that the buyer's solicitors have what they need at the start. The steps on the sale or purchase of a home are similar, and we tell you at the outset which searches and reports your property needs.
How a property deal runs
Heads of terms
Agreed before solicitors are usually involved, and they set the shape of everything after. A term agreed loosely here costs real money to change later.
Title and searches
What you are buying: the registered title, the local and drainage searches, and the replies to enquiries. Rights of way, missing consents and restrictions on use are found at this stage.
The lease or the contract
On a lease, the repairing obligation, the break conditions and whether the service charge is capped all affect what the premises cost, on top of the rent.
A tenant normally pays the landlord's legal costs as well as its own.
Exchange
The deposit goes down and the completion date becomes binding. From this point a party who walks away is liable for the other side's loss.
Your deposit is at risk from here.
Completion, then the deadlines
Money moves and keys change hands, and then two clocks start: Stamp Duty Land Tax and registration at the Land Registry. Missing either causes problems that outlast the deal.
SDLT is due within 14 days of completion.
Questions about property & conveyancing
Do business tenants have a right to renew their lease?
Usually, unless the right was excluded before the lease was granted. Under Part II of the Landlord and Tenant Act 1954, a tenant occupying premises for its business can generally stay on when the lease ends and request a new lease, and the landlord can oppose renewal only on grounds set out in the Act. For a fixed-term lease, landlord and tenant can agree to exclude this protection, but only by completing a notice and declaration procedure before the tenant is committed to the lease. We check whether a lease is protected before you negotiate a renewal or an exit.
What should I check before agreeing heads of terms for a lease?
Check the length of the term, the rent and how it will be reviewed, any break option and its conditions, who is responsible for repairs, the service charge, whether a rent deposit or personal guarantee is required, and whether the lease will exclude your right to renew. Heads of terms are usually marked subject to contract and are not legally binding, and the lease is then drafted from them, so points agreed at that stage are harder to change later. Send them to us before you agree them if you can.
How does a break clause work?
A break clause allows the landlord, the tenant or both to end a lease early on a specified date or after a notice period. Break rights are often conditional, for example on the tenant having paid all the rent due or giving vacant possession, and if a condition is not met, the break may not take effect and the lease continues. Before a notice is served, we check the notice period, how and on whom the notice must be served, and each condition, and plan the steps needed to meet them.
What are dilapidations?
Dilapidations are the repairs, reinstatement and redecoration a tenant must carry out under its lease, and the claim a landlord makes when a tenant leaves without doing them. The damages a landlord can recover for breach of a repairing obligation cannot exceed the reduction in the value of its interest in the property, which can be less than the cost of the work. A court protocol sets out how claims should be made and answered. We advise tenants before the lease ends, and landlords and tenants once a claim is made.
Is Stamp Duty Land Tax payable on commercial property?
Yes, if the price is above the threshold for non-residential property, and the grant of a new lease can also give rise to tax based on the rent and any premium. The return must usually be filed and the tax paid within 14 days of completion. In Wales, Land Transaction Tax applies instead, with its own rates and deadlines. We calculate the tax, submit the return and pay the tax from the funds you provide.
Related guides
What to check in a commercial lease before you sign
How conveyancing works when you buy or sell a home
What to check before you commit to buying commercial property
Renewing a business lease under the Landlord and Tenant Act 1954
Licence to occupy or lease and how to tell which you have
Assigning a commercial lease and getting the landlord's consent
Speak to a solicitor about property & conveyancing
Tell us what has happened and we will arrange a call with one of our solicitors.
Book a consultationWhat to send us
To start a purchase or a lease, send us the agreed heads of terms or the agent's memorandum of sale, the details of the other side's solicitors, your target dates, and details of how the purchase will be funded. For a sale, we need any title deeds you hold, existing leases, planning documents and certificates for work carried out at the property. We confirm in writing what the work includes, our fee and the likely disbursements, such as search fees and Land Registry fees, before we start.