Legals
Commercial property law is a minefield for the unwary and ill-advised. Whether you are buying or selling, or you are acting as a landlord or a tenant, expert commercial property lawyers can help you avoid costly legal mistakes.
The preliminary negotiations can huge difference to the deal eventually agreed between the parties. A sound knowledge of the areas of negotiation at the start of the transaction can make all the difference to protect your interests. Its never too early in the process to take legal advice!
From a tenant perspective, leases can be both harsh and onerous and do not always mean what they say. Sadly all to often the money saved in not taking professional advice is lost many times only as the price of ignorance. By appointing a reputable commercial property lawyer you can be reassured as to what you are signing.
Commercial lease solicitors can assist with the following:
​
-
Reviewing and explaining the terms of a lease agreement.
-
Advising on break clauses
-
Rent reviews
-
Lease extensions and lease renewals
-
Dilapidations
-
Tenancy disputes
-
Licence to Alter
-
Property wayleaves
Once the lease is agreed and you have decided on what alterations and improvements your leasehold property requires, there is usually an obligation to obtain consent from your landlord through to Licence to Alter before you carry out any work. This is the formal written document from your landlord that gives you approval to carry out an agreed scope of works. Failure to secure a Licence to Alter will most likely result in a breach of the lease.
To start the process you will need to supply the landlord with:
​
-
Full details of the alterations you want to make including plans of the proposed works.
-
If structural works are proposed you should include engineers calculations anf drawings.
-
Sufficient evidence that the works will carried out properly by a reputable contractor.
-
Proposed timescales for the works and possible implication for neighbouring tenants if applicable.
​
Appointing a solicitor can greatly aid this process and your contractor for any works should be able to provide a lot of the detail required.
​
Dilapidations are a cost that you will need to consider at the legal stage, you do not want to miss this out of your negotiations or budget. This is essentially where the tenant must put back the building to its original state (dependant on their agreement with the Landlord). Frequently the tenant will negotiate with the Landlord to reach a sum that they are happy will cover the costs, rather than the tenant actually carrying out the works. In the less-likely scenario you have to do the works, then these will not happen until you have moved out at the end of your lease. It is worth noting that a Condition Survey is a good idea when you acquire your new space, this can save you doing more than you should when your dilapidation liability is negotiated at the end of your lease.