Commercial property solicitors

• Business
• Commercial property
• Intellectual property
• Litigation

Commercial Property

We act for sellers and investors, landlords and tenants alike regarding office, industrial or retail premises.

At Kiteleys, our team of solicitors have extensive experience providing legal advice on all commercial property matters. We act for a wide range of property users across Dorset and its surrounding areas and believe that our local knowledge and contacts give our clients a real advantage. Our team have the commitment to get your deals done whatever and wherever they are, whether it is a one-off project or a more complex task, we are fully equipped to advise and deliver.

We act for sellers, investors, landlords and tenants alike regularly advising on the following:

• Freehold sales and purchases (including portfolios) of shops, offices, industrial units, restaurants and pubs
• Leases of office, retail, leisure and industrial space
• Commercial lending
• Option agreements and conditional contracts

Please also refer to our Business section, as we can advise on many other aspects of your venture, not just the premises.

By building a close working relationship with our clients, we can understand your business and your aspirations. Through recognising your key targets, our team can provide comprehensive, clear commercial advice and a truly personal service.

Commercial leases

This is an area where it is always worth taking legal advice as leases for commercial property can be relatively complex and it is important that you fully understand the implications and obligations in order to avoid any costly mistakes during the lease term.

Talk to our commercial property team when you start to prepare for your new business venture. We can help you to identify, negotiate and advise on the issues important to you, including the following :-

• Length of lease term, renewal and break clauses
  Due to the recent economic uncertainty, there has been a growing tendency for Tenants to seek shorter terms but there are a number of pros and cons for each party on this arrangement. You should also consider whether the Landlord or Tenant should be entitled to break the Lease at some point during the term or offer the Tenant a right to enter into a new lease at the end of its term; even an option to buy it. It is therefore worthwhile seeking advice to help establish the approach most suitable for your business and position.
• Rent Deposit and reviews
  It is of course important to establish a fair rent for the premises and at what stage the rent will be reviewed. A rent deposit will be paid and held by the Landlord and returnable at the end of the Lease provided that the lease terms and conditions have been complied with.
• Repairing obligations and dilapidation clauses
  It is crucial that both parties fully understand the extent of their obligation to repair whether this is a full repairing liability on the part of the Tenant or a requirement to contribute a fair proportion towards the costs incurred by the Landlord. This can of course be a costly mistake if not made clear at the outset.
• Alterations and improvements
  A Lease should state how a Tenant's improvements are to be reflected when the rent is reviewed, particularly where the tenant has carried out extensive re-fitting works. Whilst most Landlords wish to keep total control over the structure of the building, a Tenant should consider whether they may need to make structural alterations. Careful negotiation will therefore be required.
• Assignment and subletting
  The Landlord and Tenant should consider the arrangements for assignment or sub-letting, which is agreeing to give the benefit of the lease to a third party. If assignment is allowed, as the basic terms of the Lease have already been agreed, they cannot then be changed and the third party will only benefit from the unexpired term of the Lease.
• Planning and authorised use
  A Landlord would want to ensure that the authorised use provisions in a Lease prevent a Tenant from changing its use to one that may attract a lower rental value. At the same time, most Tenants will wish to make sure that such provisions allow them as much flexibility as possible.
• Landlords consents and formal notices
  It is important that both Landlord and Tenant have a full understanding of the need for and the effect of any formal Notices required in connection with the Lease. These can cover an array of issues; for example, termination and renewal, operation of break clauses and rent review provisions and in particular, repair and dilapidation Notices. Failure to serve or deal with any notices within the relevant time limits can result in severe consequences.
• Forfeiture of the Lease
  Where necessary, we can advise on the correct procedures with the repossession of a commercial property, including terminating the lease and handing control back to the Landlord.

We'd be happy to answer your questions! Call us on 01202 299992 or enquire online.

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