Property Investment Finance and Development
Whether you are a first time investor or have an established property portfolio we can advise you and assist on all aspects of commercial property investment including:
Sales and Purchases of all types of commercial property be it offices, retail, leisure, mixed use or industrial
We deal with sales and purchases of various types of commercial property. This includes carrying out a whole range of work associated with the sale or purchase, including (depending on whether we are acting for a seller or a buyer) deducing/reviewing title to the property, drafting/negotiating the sale Contract, instructing and reviewing appropriate property searches, drafting/reviewing replies to Commercial Property Standard Enquiries, drafting/negotiating the Transfer Deed and dealing with pre and post completion matters, including the payment of any Stamp Duty Land Tax and registration of the purchase at the Land Registry. We also act for commercial lenders granting loans to fund purchases and deal with registration of the lender’s charge at both the Land Registry and Companies House.
Title issues which impact on Value
There is often the need to advise clients of issues on the title that impact on value. Sometimes but not always the issues can be resolved by the taking out of a defective title indemnity policy for which for a relatively small premium the issue can be resolved. Other matters can be sufficiently serious to prevent the transaction proceeding and are not solvable easily. We look for solutions and where possible we will advise a pragmatic route through the problem.
We deal with commercial mortgages both for the borrower and the lender and also advise on debentures. While most of these are with financial institutions, we also act for private individuals taking security. We advise on the loan facility as well as the security documentation.
We act for Landlords and Tenants on the grant or taking of commercial leases, be these leases of an office block, a retail unit, industrial unit or other type of property. We can draft Leases on behalf of Landlords and review them on behalf of Tenants, where a Tenant has been provided with a draft Lease by a Landlord for signature. We provide two fee options for Tenants when it comes to Leases, either a fixed fee option involving a meeting whereby we review and advise the Tenant on the terms of the Lease in detail, or a full service option, which, amongst other matters, includes negotiation with the Landlord’s Solicitors of the Lease on the Tenant’s behalf. We can also advise on the Heads of Terms before the draft Lease is produced, if required.
We deal with extensions of leases where the tenant has security of tenure under the Landlord and Tenant Act 1954 and advise both landlord and tenant as to relevant notices that need to be served. We liaise closely with our litigation department should the matter not be resolved with regard to terms of any new lease that may be agreed. We also deal with enfranchisement of residential leases both with regard to apartments and houses as well as extended leases in connection therewith.
We deal with agreements that may be required to be entered into under Section 106 of the Town and Country Planning Act 1990 as well as general advice appertaining to planning law in connection with property.
We deal with professional appointments and warranties that are expected from the professionals and the contractor in relation to any development where the owner or tenant or end user requires these.
Rights of Light
We deal with rights of light agreement with adjoining owners and tenants where a development restricts or may restrict rights of light.
Be it a portfolio of shops, offices or retail buildings we can deal with such transactions without the need for any outside specialist advice.
We can deal with the drafting of any licences to assign, alter, change of use, rent reviews, landlord and tenant issues, dilapidation issues that one often has in respect of commercial property leases both for landlord and tenant.
General Commercial Property Advice
We can advise on existing documents as to the rights and obligations of the parties and advise whether there are issues which the individual be it as landlord, owner, buyer, seller, tenant or adviser requires advice on.
We can advise on all aspects of property development including agreements for lease, property acquisitions which are subject to development, forward funding agreements, joint ventures, options to purchase, rights of first refusal, overhanging rights, section 38 agreements and section 104 agreements.
Need help right away?
Contact Clough & Willis
We can offer easy-to-understand advice on all areas of conveyancing and property law and will work our hardest to get you the best possible outcome - whether that is ensuring a smooth sale or negotiating a contract in your favour.