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Commercial Property

Every day we change the lives of our commercial property clients by supporting their business interests.

Whether you are an owner, developer, landlord or a tenant, we have the expertise to help and advise you on all areas of Commercial Property law.

Speak to our experts

For a FREE initial consultation with our expert Commercial Property team, simply complete the form on this page, call 01244 356 789 or email info@cullimoredutton.co.uk.

How can we help

We deal with acquisitions and leasing requirements for several property investor clients and regularly negotiate leases for shops, offices, factories, and warehouses. We have particular expertise in dealing with public houses, and medical practices. Whatever the size of your business, we can help with acquiring and disposing of freehold and leasehold premises.

We also have extensive experience in acting for property developers at all stages. From acquiring the land (whether by contracts subject to conditions, options, promotion agreements); s.106 agreements and unilateral planning undertakings to the infrastructure and adoption agreements to service the site to the final set up of the site and subsequent plot disposals.

In addition, we can provide specialist advice on:

  • Sale and purchase of commercial properties
  • Business leases (acting for Landlords and Tenants)
  • Property Management documentation – including Licences to Assign, Underlet, Change of Use, Alterations and Rent
  • Deposit Deeds
  • Property Development including Promotion and Option Agreements
  • Planning and infrastructure agreements
  • Auctions
  • Mortgage of commercial properties
  • Overage
  • Section 106 Agreements
  • Easements
  • Agreements for Lease
  • Wayleave Agreements

  • Experienced

    Our property teams have an enviable level of knowledge and expertise and act for both residential and commercial clients on a wide range of property transactions, from large, landed estates to Chester city centre apartments, offices and retail units.

  • Specialists

    Our team is accredited by the Law Society under the Conveyancing Quality scheme (CQS) and we are on the conveyancing panels of all the major lenders. We have a great track record of successfully completing property transactions and negotiating leases.

  • Understanding

    We understand that any property transaction can present challenges and that no two transactions are the same. Our goal is to make sure that our clients are exposed to minimal risk, delay and stress throughout the process of buying, selling or leasing.

Frequently asked questions about Commercial Property

Commercial property transactions are exempt from VAT, but the property owner has an option to elect to charge VAT on any future rental income or sale proceeds

It is standard practice for a lease to either prohibit assignments or make them conditional upon landlord’s consent being obtained. If landlord’s consent is required it cannot be unreasonably withheld or delayed, but the landlord may attach conditions to the assignment or transfer. It is important that a tenant obtains advice prior to entering into a lease or assignment of a lease, if they are unsure as to whether landlord’s consent is required and whether any conditions attached to that consent are enforceable.

Freehold commercial property means as the property owner, you own the absolute title to the entire property and land on which it is built.

Leasehold is an interest in the land created by a lease, meaning you are a tenant who has the right to occupy the property for a fixed duration.

Our advice is that as a purchaser, you should always have a survey to ensure the interest you are buying, or leasing is of the same value as purchase. A survey ensures that as a buyer, you are made aware of all the issues that affect the property, including hidden structural problems or any unseen costs. Failure to have a survey can mean that issues arise later after the purchase or lease has completed.

There are two ways of acquiring leasehold property:

You can be granted a new lease either by the property owner or by an existing tenant. Where the lease is granted by a tenant it is known as a sub-lease or underlease.

Alternately, you may take an assignment or transfer of an existing lease from the tenant (leases often allow tenants to transfer (or assign) their interest in the lease to a third party).

There is no standard period for completing a property transaction. This can vary enormously depending on the structure and complexity of the deal and the nature of the property. The seller/landlord will normally impose a timescale for carrying out due diligence, exchanging contracts and completing the transaction. As your legal advisors, we will need instructions as to the deadline and timescale that you wish to work towards.

A full repairing and insuring lease contains tenants covenants for repairing and insuring the entirety of the property, this mean that as the tenant you will be responsible for fully insuring and repairing the property, including the structure elements such as the foundations, roof, external walls etc.

As a tenant, if you are required to sign a full repairing lease you should try to negotiate that at the end of the term of the lease you are not required to put the property into a better state than that which it was in when the lease was granted to you.

Who will work on your matter?

A qualified lawyer with at least 20 years’ experience in this area of work.

Administrative duties will be undertaken by our support staff.

As Head of Department, Sarah Davies has overall responsibility for the supervision of all work carried out by his team.

You will no doubt have a few questions about the advice and support our Commercial Property team offers as well as the processes involved before you decide to instruct your Solicitor.

We have captured some of the questions which we are frequently asked below. Remember all our teams also offer a free initial consultation.