Commercial Property

How we can help

We can help you draft and negotiate investments, landlord and tenant agreements, commercial leases and plans for commercial development. With each of these important elements of the commercial property, we will ensure we eliminate all potential legal risks.

With investment and development comes the need for management of your financial assets. Also, understanding the importance of planning and environmental policy law is important as it protects your land and property assets. Like with any situation there is a risk that things may go wrong. If you find yourself facing commercial disputes, mediation is ideal and allows for amicable solutions between both parties.

Commercial Development

Commercial development can be an exciting time full of new opportunities. However, disputes and issues can arise and you may need specialist legal advice. 

We can help your commercial development get back on track 

Commercial development is a constantly changing and advancing area in the property industry and it’s directly impacted by trends in the real estate market. That’s why you are likely to face legal issues during the commercial development process whether you’re an experienced developer, investor or first-time buyer. 

We can assist with each stage of the commercial development process from acquiring new land or buildings to the disposal of the land and everything in between no matter how big or how small the issue is. We will be there as a helping hand to guide you along the way. 

  • The commercial development lawyers aim to help developers and investors who are seeking to maximise returns from the development of the property. We’ll help you maximise value and minimise risk. 
  • As a commercial developer, you’ll be working in conjunction with lots of different people. This includes land developers, surveyors, planning authorities, building contractors, real estate agents and small businesses. All these professions are interlinked throughout the process which lawyers can assist you with. 
  • Early involvement of a specialist commercial solicitor is always the best option. They can immediately help with pre-contract negotiations to set you off on the right foot and allow you to land smoothly with advice on the disposal process. 
  • If you are a developer we can advise on the initial purchase whether that be by way of a conditional contract or option, acquisition and development funding, site assembly, infrastructure agreements, plot sales and lettings. 

The planning permission process is vital in securing development success. Commercial developers often fear this stage because it can be complex, time consuming and with and varying degrees of difficulty to gain approval. 

You must apply for planning permission in plenty of time and approval is based on policy by the local planning authority. They can decline approval based on many grounds such as environmental issues and the likely impact on the surrounding area. 

We can assist with the law relating to planning in England to ensure that the correct approach is adopted from the outset. 

If your planning permission is denied and you believe this to be unreasonable then our solicitors can assist in an appeal. However, an appeal should be a last resort after you have talked to staff at the local authority department. 

  • Acquisitions and disposals of commercial sites and advising clients on the legal documents that are part and parcel of acquisitions and disposals and drawing up related documents. 
  • Commercial estate development documents- our lawyers can assist with any documentation, sales, contracts, plot transfers and leases. 
  • Planning permission- our solicitors can liaise with the local authority to help you get planning permission. 
  • Overage deeds- these are drawn up to cover the future development of land you are selling. 
  • Environmental issues. 

It’s important to go about commercial development in the morally right way and go through all the legal avenues. If you don’t and go ahead anyway, you’re putting your work in danger as structures you build without planning permission can be taken down. 

Also, when permission for development is granted it’s important to not stray from the terms and conditions. If they do they are at risk of enforcement action being taken against them which can entail court action and fines. 

Investment - buying and selling

Before you make a potentially life-changing decision regarding the sale or purchase of a commercial property, get specialist legal assistance which is tailored to your individual business needs. 

To sell or not to sell… 

There is a whole range of legal, commercial, practical and funding issues that require consideration from the outset. Timing can be a crucial factor when acquiring or disposing of commercial property and our team can work with you to ensure timescales are managed in line with your objectives. 

We can assist you with negotiating Heads of Terms, acting for your lender, re-mortgaging and carrying out the purchase or sale of commercial property on your behalf. 

We provide advice to lenders and borrowers on all aspects of property finance to include secured lending by way of legal charge or debenture.  If you are refinancing your property portfolio then we can act for you on all parts of the transaction.  We will also deal with the lender’s requirements when you are purchasing commercial property. 

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Every step of the way our commercial solicitors are always on hand to help you make an investment. From acquisition to funding to disposal and exit strategies we’ll legally guide you to success. All legal risks will be eliminated and a return from your investment will be maximised. 

We cover all areas involved in the investment process. For example, the property market, funding, marketing, tax, regulation and compliance, restructuring, litigation etc. 

We provide advice to landlords on all aspects of their property investments including the acquisition and disposal of their investment property portfolios and ongoing property management. 

This will include granting leases, licenses for alterations, assignments and under-lettings and lease termination.  We can also deal with the service of Section 25 notices and a schedule of dilapidations at the end of the lease and provide advice where dilapidations negotiations become contentious. 

Landlord and Tenant

Issues between a landlord and tenant can be stressful, especially if they result in legal action. Our solicitors are there to provide advice and guidance to both parties. 

We know how important a landlord-tenant relationship is. 

A landlord looks for the perfect tenant and a tenant looks for the perfect landlord. However, disputes between both parties often occur and legal advice and guidance are necessary. 

Our solicitors can deal with a number of issues regarding the drafting of and advising on legal documents including agreements for lease (including pre-lets), leases, re-gearing of leases assignments; licences, authorised guarantee agreements, rent deposits and surrenders. 

More specific and sometimes contentious issues regarding property management, evictions, rent and security deposit breaches, rent arrears, repairs and maintenance disputes and lease surrenders, Our experience and knowledge also mean we can draft and negotiate documents such as renewals, rent reviews, sub-lettings and lease assignments for our clients. 

  • The Landlord and Tenant Act 1954 governs the legal obligations of both landlords and tenants. If you’re a landlord or tenant, that is where you’ll find your rights and responsibilities. 
  • Landlords and tenant share and sign many important pieces of documentation, arguably the most important being a tenancy agreement which provides both parties with confirmation of their rights. 
  • Clear and agreed heads of terms will speed up any process. Involving Kidwells in this stage will mean we can highlight any key points and apportionment of risk before the lease is presented. 

Having an unsuitable lease can hamper the way you run your business, it could make it difficult for you to sell your business and could prevent you from selling your lease. Kidwells are used to advising as to the complexities of leases and will produce a lease report for you so that you know exactly what your obligations are as part of our Lease Review service. 

A commercial lease typically deals with the following: 

  • the type and address of the property being let; 
  • the term of the tenancy and whether the tenancy is for a fixed term or renewable after a period of time; 
  • the amount of rent payable, how often and when the rent should be paid; 
  • the type of business that may be conducted on the premises; 

In addition, a commercial lease may also identify the following: 

  • provisions for lease renewal; 
  • landlord improvements and signing incentives; 
  • tenant improvements; 
  • whether the tenant can assign or sublet the property: 
  • notice provisions for termination of the tenancy; and 
  • insurance provisions.
  • ownership of any leasehold improvements; and 
  • the provisions of any security/damage deposit. 

If you’re a sole trader rather than a limited company, when you sign a commercial lease you are personally liable for the debt. Similarly, some landlords insist on personal guarantees to get around the protection of a limited company. Whether it’s advice on liabilities as a sole trader or you’re a Landlord who requires a personal guarantee drafting do not delay getting in touch. 

A commercial property lease usually continues until its end date unless you include a clause to end it earlier, hence the importance of getting advice at an early stage to negotiate such terms. 

Break clauses can be negotiated and included in the lease allowing you to terminate the lease without facing a penalty- providing notice is given in accordance with the lease obligations.  If such clauses are not contained, you may find yourself entered into a long term lease with no financial means to satisfy the debt, leading to lengthy, stressful and costly legal battles. 

Planning and environmental law policy

We understand how important it is to protect your land and property assets, let us help you understand this complex area of law.  

Land and property are a businesses greatest asset 

It’s important to abide by the planning and environmental law policies. Our solicitors can advise on all aspects of planning work, including, advising and negotiating on all types of development proposals and in taking planning applications and appeals through all their stages, as well as negotiating and drafting Planning Obligations.  

Using knowledge, experience and creative thinking, we provide practical solutions to your planning problems. 

  • It’s important to keep up to date with the planning and environmental law committee because they are always posting updates about how the legislation is changing. 
  • While creating a planning application and environmental impact assessment you need to show you can follow the planning and environmental law. You should show you can appreciate the rules and regulations of planning and the environment. 

Help can be provided for both developers and individuals concerned with the environment. As a result, our solicitors are there for you whether you’re seeking permission for housing and planning developments or protecting the environment and heritage. 

Our expert lawyers can create strategic plans to help you abide by planning and environmental law. We can help developers, landowners, investors, financiers, business owners, private individuals and local planning authorities. 

Our expertise covers a range of tasks including promoting developments and negotiating planning obligations. Also, we can help with minimising legal risks and challenges and helping our clients with planning applications. 

We make the process of receiving and dealing with a planning enforcement order as stress free as possible. 

A planning enforcement order is a document issued by a local council if they feel planning control in their jurisdiction has been breached, it most likely means you’ve failed to adhere to a specific condition of granted planning permission. There are several different types of planning enforcement orders including enforcement notices, as well as stop notices. The Local Planning Authority must have sufficient evidence of a breach to even justify applying to the Magistrate’s Court for a planning enforcement order.  The application for the order must be served on the owner and the occupier of the land and on anyone else who would be materially affected by enforcement action. 

If you receive an Order check what options are available to you and that it is a valid order. Remember the planning enforcement order may be void if the council does not know all the names of the owners and occupiers or if the order is too vague. It could also be invalid if the enforcement notice is inaccurate. Seek advice as to whether you have grounds to appeal the Order, don’t just jump straight in. We will work with you to build as comprehensive and well-structured a case as is possible. An order will only be granted if the court is satisfied that a breach of control has been deliberately concealed. Refraining from informing the authorities does not count. 

Portfolio and asset management

Finance and investment can be complicated areas in commercial business but they’re undoubtedly important in today’s society and we can help you with the management of these areas. 

We’ll protect your financial assets and investment. 

Portfolio and asset management can be difficult for commercial businesses to deal with. Therefore, our experienced solicitors can advise asset managers, funders, investors and directors on them and how they’re used to advantage your business. 

With asset management, we can help you to control the costs, opportunities and risks to your business. Additionally, we can assist you with portfolio management to help you understand how to pick the right investment tools such as shares and fixed deposits to get adequate returns from investment. 

  • Asset management is important for businesses. It involves developing, improving, maintaining and disposing of assets cost-effectively. It’s essentially managing investments and finances. 

Our experienced solicitors can provide advice and guidance on aspects of portfolio and asset management. Consequently, this includes helping clients to conduct and respond to due diligence, making changes to investment funds and independently setting up a review committee. Furthermore, we can also assist with conducting acquisitions of other businesses and making updates and amendments to documents. 

Asset management is important for a business to manage it’s assets so they understand them and are able to use them to maximise return on investment. Also, it means they can make careful business decisions based on the businesses current progress and objectives. 

Portfolio management is important for many reasons. It leads to insightful decision making because the assets and investments of the business provide you with data and as a result an analysis is carried out and the business is subsequently improved on. 

For example, as a business you can ensure that what you’re spending your assets on is of high value so your business’s money is not going to waste. 

 

Commercial and Property mediation

Mediation is ideal for property disputes. It addresses your real needs and allows you and your opponent to create your own solutions in a way that invariably cannot be done in court. 

Mediation is fast and cheaper than litigation 

Property mediation will end the anxiety and horrendous costs of litigation. By going through the mediation channel, you can achieve the results you want quicker and more cheaply than going to court. The reputation of your business is also still intact. 

Property or land disputes can be very problematic with contract values ranging from a few thousand to millions of pounds, easements, covenants, restrictive covenants, rights of way, tenancy, planning, building, construction repair, and disrepair. Any such disputes must be disclosed to any prospective purchaser – so a sale without resolving the problem is rarely an option. Disputes that are unresolved can make land unsaleable. 

Mediation is not just about disputes. If you are involved in complex contractual negotiations, property mediation can help you and your negotiating partner get over any hurdles that are making it more difficult to do a deal. This can happen at any time of the business relationship from the very beginning or simply renewing a lease. 

Increasingly the courts are penalising those businesses which do not attempt to resolve their dispute through mediation. They expect you to try mediation before going ahead with court proceedings. This is beneficial as mediation is more amicable, cheaper and less time consuming. 

Commercial property relationships are important however, within these relationships disputes can occur, most of which can be dealt with by mediation. For example, Land/Real Property disputes, Commercial Landlord and Tenant disputes, Residential Leases and Tenancies disputes and Family and Inheritance disputes. Mediation can help you deal with; 

  • Boundaries and adverse possession 
  • Rights of way, rights of light and other easements 
  • Neighbour disputes 
  • Party walls 
  • Misrepresentation claims and other conveyancing disputes 
  • Options and overage 
  • Mortgages 
  • Property development and complex purchases 
  • Joint ventures and partnership disputes 
  • Negotiating purchases 
  • Restrictive covenants 
  • Compulsory purchase 
  • Planning 
  • Negotiating leases 
  • 1954 Act lease renewals – friendly 
    and hostile 
  • Consents to assignment, sub-letting, alterations 
  • Rent Reviews 
  • Break clauses 
  • Dilapidation’s 
  • Forfeiture and possession 
  • Guarantees and Indemnities 
  • Rent deposits 
  • Service charges 
  • Possession claims 
  • Rent Act tenancies 
  • Consents to assignment, sub-letting, alterations or development 
  • Housing disrepair 
  • Enfranchisement 
  • Estate management 
  • Right to first refusal and right to buy 
  • Service charge disputes 
  • Co-ownership 
  • Financial settlements on divorce 
  • Inheritance & administration of estates 
  • Family business disputes 

 

Contact Us

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Our normal office hours are Monday to Friday, 7.30 am to 5.30 pm.

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Legal, Finance, & Business Support

The Kidwells team has the expertise you need.

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