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Whether you are a landlord or tenant, or you are buying or selling a commercial property, our commercial property solicitors can provide you with expert legal advice and representation.
This is a complex area of law; mistakes can be expensive, and they may mean that you cannot use a property in the way that you want. Having the right commercial property legal advice from the start is essential to safeguard your investment and avoid damaging disputes.
Our commercial solicitors at SMR provide a full range of commercial property help, including:
- Commercial property sales and purchases
- Commercial landlord and tenant matters
- Overage and option agreements
- Easements and rights of way
- Auction property sales and purchases
- New leases, lease renewals and terminations
- Lease extensions, enfranchisement and right to manage
- Dilapidations and property disputes
- Secured lending and refinancing
Speak to our commercial property solicitors in West Sussex
To discuss your requirements and find out how we can help, please get in touch to speak to one of our expert commercial property lawyers.
- BOGNOR REGIS - 01243 860323
- CHICHESTER - 01243 780211
- EAST WITTERING - 01243 671782
- SELSEY - 01243 602832
Our commercial property services
Commercial property sales and purchases
It is essential to have clear legal advice from experts if you are selling or buying a commercial property. The terms and conditions that attach to commercial property ownership are extensive, and you need to ensure that you understand the implications.
Where necessary, we can negotiate on your behalf to reach the right agreement. If you are purchasing a commercial property, we will carry out extensive due diligence work, including looking at any existing agreements, if you will be taking over tenanted premises.
Commercial landlord and tenant matters
Commercial leases are complex, and whether you are a commercial landlord or tenant, it is essential to seek advice from experienced solicitors for commercial property before you sign.
We can advise you on the terms of a lease, including crucial issues such as the length of the lease, break clauses, repair obligations, assigning and subletting rights, rent deposits, alterations, security of tenure, permitted use, service charges, and rent review.
Overage and option agreements
Overage and option agreements allow a seller to recover additional funds, should a property increase in value, for example, following development or the grant of planning permission. To avoid disputes and ensure both parties have a clear understanding of their position, it is essential that the agreement is watertight. Our commercial real estate team can draw up the right agreement for your needs and provide comprehensive advice before you sign.
Easements and rights of way
Easements and rights of way can be crucial to enable you to use your property in the way that you need. We can check that the right documents exist before you purchase a property, or draft new agreements granting the necessary rights for a property owner.
Auction property sales and purchases
If you are buying commercial property at auction, it is essential to know exactly what you are taking on. Our commercial conveyancing solicitors have wide experience in carrying out prompt due diligence work on auction properties, and we can advise you of any potential pitfalls or legal issues that may need resolving.
We also deal with commercial property sales at auction, and we can provide a comprehensive auction pack that will answer potential buyers’ questions.
New leases, lease renewals and terminations
Clauses in commercial leases can be extremely onerous. For example, if you enter into a lease as a tenant, you may find yourself responsible for bringing the condition of the property up to a good standard, even if it was in a poor condition when you took it on, unless the document is carefully drafted to protect your position.
We can negotiate commercial lease terms on your behalf, ensuring your interests are observed.
We also handle lease renewals, and we will negotiate robustly to obtain the best possible deal.
If you wish to end a commercial lease, we can advise you on the termination process and represent you in any issues that may arise, such as dilapidations, and the return of the deposit.
Lease extensions, enfranchisement and right to manage
We represent landlords who are facing tenant requests to extend a lease, enfranchise, or take over the right to manage. We will ensure that your tenants follow the correct process and negotiate robustly on your behalf in respect of the premium to be paid for an extension or enfranchisement.
Dilapidations and property disputes
Commercial property disputes are relatively common, and we can represent you in dealing with issues such as disagreements over dilapidations, rent arrears, service charge disputes, breach of the terms of the lease, lease forfeiture, and possession claims.
Secured lending and refinancing
We provide advice and representation for property owners and investors in respect of secured lending and refinancing. We will advise you on the terms and conditions of the agreement and ensure that all of the legal requirements are met.
Frequently asked questions about commercial property
How much does a commercial property solicitor cost, and what are the typical fee structures?
Our commercial property solicitor costs will depend on the level of expertise necessary for the work. We will ensure that you never pay more than necessary, providing you with a commercial property lawyer with the right experience for your requirements.
Fees are charged on an hourly rate, and if you would like to discuss the potential costs, please call us today, and we will be happy to advise you. We will ensure that you have clear estimates for work throughout, and that you approve any costs before they are incurred.
What is commercial conveyancing, and how does a solicitor handle it?
Commercial conveyancing refers to the legal process of transferring a commercial property to a new owner. Commercial conveyancing solicitors are responsible for carrying out extensive due diligence work for buyers, ensuring that the legal title is sound, going through any restrictions on the property, ensuring the buyer is fully aware of any legal considerations, and drafting the legal documentation that will transfer ownership.
How long does the process of a commercial property transaction usually take with a solicitor?
The time taken to complete commercial conveyancing can vary widely, depending on the complexity of the legal title, whether the property is tenanted, whether finance is being obtained, and how promptly the seller’s solicitors provide answers to enquiries.
It may be possible to complete a commercial sale or purchase in three to four months, but it can often take longer. At SMR Solicitors, we always work proactively to move a transaction forward effectively. Where necessary, we follow up on information requests and respond to enquiries promptly.
If you are considering buying or selling a commercial property and you would like to discuss timescales, please feel free to call us, and we can discuss your particular transaction and what might be achievable.
What is the difference between a commercial property solicitor and a general conveyancer?
Commercial conveyancing is very different from residential conveyancing and generally far more complex. Commercial property is often much higher in value than residential property, and a commercial conveyancer will need to look at issues such as permitted use, existing tenancies or licences, planning regulations, environmental issues, restrictions affecting the property, and any breach of regulations or legal disputes that exist.
For information on general conveyancing or buying and selling residential property, see our conveyancing solicitors page.
What are the potential risks of not using a solicitor for a commercial property transaction?
There are many very expensive pitfalls in commercial property, and failing to use an experienced commercial property lawyer can be catastrophic. You may find you are tied into a commercial lease for many years, you are liable for costly repairs, or you are unable to use the property in the way that you want.
If you ask one of our expert commercial property solicitors to represent you, we will ensure that you are completely clear on any rights, restrictions or obligations you are agreeing to. We will ensure that there is a clear schedule of condition attached to any lease, and that you are not required to put the property into a better state than it was when you took it on.
We can negotiate issues such as break clauses, service charge caps, and rent review, and represent you in dealing with lease forfeiture or commercial property disputes, to ensure that your rights and interests are protected.
Speak to our commercial property solicitors in West Sussex
To discuss your requirements and find out how our commercial real estate solicitors can help, please get in touch to speak to one of our commercial property conveyancing solicitors today.
