Commercial Property Law

Services provided by our Commercial Property Lawyers

We provide expert commercial property law advice in areas such as:

• landlord and tenant matters including commercial leases and licences.
• easements.
• freehold acquisitions including dealing with positive covenants in the transfer.
• the acquisition and disposal of commercial property such as office, retail, industrial and licensed premises as well as portfolio management.
• advising on the commercial property aspects of corporate transactions.
• real estate and investment property development.
• commercial property financing.
• construction contracts.
• acting for Receivers in the sale of property.
• acting for public sector clients including government departments under the compulsory purchase regime

Why work with EM Law’s commercial property team?

If you are looking for a commercial property lawyer you need an expert to look after a valuable asset – your business premises or investment property. Land ownership or dealing with commercial leases is an expensive commitment. You need expert advice from a commercial property solicitor with deep experience of commercial property transactions.

• We adopt a very commercial approach. The real estate market moves quickly and we will make any negotiations as swift as possible while making sure your business is protected.
• Our experience includes not just London and UK commercial property matters, we can help with overseas commercial property transactions as well.
• Commercial property law can be complicated. Our lawyers explain things in a clear and concise manner so that you can understand risk and take informed decisions.
• Our commercial property lawyers are regulated by the solicitors regulation authority.

Legal expertise of our commercial property law team

• Advising some of the largest landlords in the UK, including The Crown Estate, National Trust, National Grid Property Holdings and various investment funds.
• Advising small companies and entrepreneurs on their commercial property needs in London and across the UK, which has included:
  • advising a new restaurant chain on the acquisition of a number of leasehold retail premises across London and the new lease of a warehouse distribution centre;
  • advising a national retailer on the acquisition of new retail premises nationwide structured as new business leases, assignments of business leases and purchases of freeholds (including both asset sales and corporate acquisitions);
  • advising a national Care Home Group on the acquisition of both office and care home premises across the UK; and
  • advising on the acquisition and disposal of various property-based companies including hotels, petrol stations and retail companies.
• Advising banks on lending and other property finance offerings to property developers, property investors, landed estates and small businesses.
• Leading property-based M&A deals worth over EUR 1.4BN, including two of the largest deals of the last several years in Central Europe:
  • sale of the Trigranit international property portfoilio (EUR 550M).
  • sale of the Silesia Center, Poland (EUR 412M).
  • acquisition of Empark Business Park, Poland (EUR 140M).
  • sale of a property portfolio in Texas and Arizona, USA (US $250M).

Our lead commercial property lawyer is James Williamson. James has gained extensive experience in one of the UK’s leading national firms and in-house in one of Europe’s largest property investors.

Commercial property law FAQs

What are the main things to think about when taking on a business lease?

It may sound obvious but it is important to check that the size of the premises is clearly defined in the commercial lease and matches the premises you are expecting. Ensure that the length of the business lease fits your commercial objectives. Consider asking for a break clause. Be aware of hidden costs and transactional costs such as stamp duty land tax and costs to cover land registry requirements. Consider including provisions in your commercial leases permitting you to assign or sublet.

What costs are involved in purchasing a commercial property?

In addition to any property finance costs (i.e. borrowing costs) you will need to pay legal fees, stamp duty land tax, land registry fees, search fees and potentially third party professional fees e.g. if you are using a surveyor for advice on the commercial property you are acquiring. Landlords of commercial leases require rent deposits to be paid up front and there may be other costs such as costs connected with insurance cover to pay.

Can I sublet my business lease?

It depends on what your business lease says. The terms of your lease may prohibit you from subletting all together or it may impose restrictions on your ability to sublet. Contact us so that our commercial property solicitors can check your lease quickly.

Do I need permission to alter my commercial property?

This depends on whether you own the freehold or you lease the business premises and whether the alterations require planning permission. If you are a tenant we would need to check your lease to see if the alterations that you wish to make are permitted or restricted.

Do you need a solicitor to sell a commercial property?

While not legally required, it is highly advisable to use a solicitor when selling commercial property. A solicitor can handle complex legal paperwork, ensure regulatory compliance, and facilitate a smooth transaction, reducing the risk of legal issues. Additionally, having a solicitor can be beneficial for drafting and reviewing lease agreements, negotiating terms, and ensuring all legal requirements are met to protect your interests, preventing future disputes and legal complications.

What does a commercial property lawyer do?

A commercial property lawyer handles all legal requirements related to the sale, lease, or purchase of commercial properties, buildings, or land. They specialise in property transactions and leases, providing expert advice to ensure compliance with relevant laws and regulations.

Do commercial property solicitors go to court?

Yes, commercial property solicitors can represent clients in court, particularly in disputes related to property transactions, lease agreements, and other property-related litigation matters.

Reviews

“I just wanted to say thank you for your help throughout this purchase. James and the firm were immensely professional and made the process painless.” – A Behan, Director HBB Properties

“James has been more than generous – he has really been amazing at guiding me through this process.” – Claire Goodwin Director CG Consultancy

Navigate your commercial property ventures with EM Law’s top-tier legal advice and personalised client care.