Leases can become a legal minefield for tenants and we can advise on potential liabilities and obligations. We also act for landlords and can help to ensure that the value of property investments is protected. There is no such thing as a simple Lease and issues such as terms of rent reviews, guarantees and every other aspect of the Lease need careful preparation to ensure that a balance is struck between absolute security from the Landlord's point of view to commercial viability and fairness in respect of the Tenant.

Existing leaseholds are often assigned either in their own right or as part of a sale and purchase of a business. These bring their own difficulties as one is dealing in these transactions with three sets of solicitors, one acting for the person seeking to assign the Lease, one acting for the proposed assignee and one acting for the Landlord. It is essential to understand the complexities involved and only by dealing with a large volume of leasehold property can the skills necessary to handle these matters confidently be gained. It is that experience only which allows the legal team to judge whether or not leases are commercially viable for their clients and with leases typically running to thirty or forty pages, the ability to identify essential details is indispensable.

Another complication is brought about by the protection offered to Tenants under the Landlord & Tenant Act 1954. Advice is always necessary as to whether a Lease should be excluded from the provisions of this Act and, although the situation may change shortly, it is still necessary to obtain the appropriate authority of the County Court to exclude a Lease and guarantee the Landlord the right to gain repossession at the end of the term granted. In respect of all commercial property we advise our clients to contact us at the very earliest opportunity as quite often negotiating with commercial estate agents and surveyors is done from a position of ignorance which leads to difficulties later on in the transaction and a few minutes spent at the outset can save many hours of time and many pounds in costs as the matter proceeds. (back to top)

Licensed Premises - Pubs, clubs and restaurants are an area we deal with and involve a complete network of complicated issues relating to employment, licensing, tax and the transferring of goodwill, intellectual property and complicated commercial agreements, including the supply of alcohol. It is essential that all of these issues are addressed in the right order and early enough in the transaction to enable it to proceed smoothly. (back to top)

Shops, Offices and Factories - These bring with them particular problems and again the right approach is essential if the acquisition or sale is to proceed smoothly and a proactive approach from a legal team from the outset can save literally weeks in bringing about successful completion. (back to top)

Commercial Development - The acquisition of commercial development land brings with it its own special requirements. A developer cannot afford to buy land with any problems that attach to it which may arise on a subsequent sale of whole or part takes place. Special care has to be paid to the area being purchased and additional searches are required to make sure it is safe to buy the land for development purposes. The availability of services and public highways are essential and in many cases the acquisition of such land will involve the negotiating and completion of complicated legal agreements with the local authority and service providers for the provisions of services and adopted highways. (back to top)