Whatever your commercial property needs, our team of experienced specialists are able to call upon their extensive knowledge in this area of law to provide you with clear, practical and economic solutions to your commercial property needs.

We work closely with other professionals (including surveyors and planning advisors) to ensure we provide you with the best quality advice, exactly when and where it is most needed.

Whether you are an experienced long established operator, or a new business just starting out, we can help. We understand that commercial property transactions can be complex and time-consuming. That’s why we offer a comprehensive range of services to help you navigate the legal landscape and achieve your goals. Whether you’re a business owner looking to purchase a new commercial property, a farming family selling land to developers, or a tenant looking for the perfect space for your business, we’ve got you covered.

We deal with a large range of areas including:

Get in touch with our commercial property solicitors

If you want to find out more about the services we can offer you, please feel free to get in touch with our commercial property solicitors in Chelmsford.

For more information or advice

Contact Keri Constantatou on:
Call: 01245 228138 or
email: constantatouk@gepp.co.uk

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Commercial Property FAQs

What is a rent review?

A rent review is a lease clause that enables the rent payable to be adjusted during the term of the lease. Often a rent review is set at three or five yearly intervals. The new rent payable can be assessed by different methods; open market rental value, fixed increases or index linked. The method used depends on the terms of the lease. Normally open market or index linked rent reviews will be ‘upwards only,’ this means that when the rent is reviewed it will either remain the same or increase, it will not decrease even if the market rental value of the property or the relevant index has decreased.

What is a service charge?

A service charge is often used by landlords to recover the costs of maintaining and providing services to the property and the surrounding estate. This ensures that the maintained areas are kept in good condition. Service charge agreements are bespoke to each property and what services are included will vary on a case by case basis. Often a landlord will estimate the likely cost of the services for the year and charge this to the tenant. If there is any discrepancy between the estimate and the actual service costs, this will likely be resolved at the end of the service charge year.

What is the Landlord and Tenant Act 1954, and what does it mean for me?

The Landlord and Tenant Act 1954 (the 1954 Act) is a piece of legislation that outlines some of the rights and obligations of landlords and tenants of commercial properties. It will only apply if: the tenant is occupying the property for business purposes, the property is being occupied under a lease (not a licence) and the lease has not been excluded from the 1954 Act. If these circumstances are satisfied, then the lease benefits from ‘security of tenure’. This means there is an automatic right for the tenant to remain after the end of the lease term. The lease will only end if a set procedure is followed (as outlined in the 1954 Act) by the landlord or tenant.

A tenancy can be excluded from the 1954 Act by following a set procedure of notices and declarations before any agreement for lease is entered into.

When an excluded tenancy ends, the tenant does not have the automatic right to renew the lease. This means the lease will terminate on the agreed end date without any obligation on the landlord to offer a renewal. Therefore, the parties should plan accordingly and begin negotiations before the end of the term if they wish to continue the current agreement.

How does a typical new lease transaction progress?

Once you have identified a suitable property for your business, you will need to contact the landlord or the agent to negotiate the heads of terms. These outline the principal terms of the lease, such as how long you wish to lease the property for and how much rent will be paid etc. The parties will then need to instruct solicitors who will draft and negotiate the lease documents. Once the documents are agreed, each party’s solicitor will report to their client on the contents of the documents to make sure they understand their rights and obligations. The documents will then be sent to the landlord and tenant for signature. If the tenant has agreed to provide rent in advance or a rent deposit, this will need to be provided to their solicitor ahead of completion. The lease is then completed, and the tenant is given the keys to the property (often the keys are collected from the agent).

What happens after completion of my new lease?

You will have possession of the property and can commence your business operations (under the terms of the lease). You must ensure you comply with your tenant obligations, for example paying rent on time and maintaining the property. Depending on your agreement with your landlord you may need to insure the property from completion. It is worthwhile to note down any key dates, such as a break date, rent review date or the end of the term so that these are not overlooked.

In some circumstances your solicitor may need to complete a stamp duty land tax return, to notify HMRC of the transaction. This will need to be completed within 14 days of completion of the lease. If the lease term is over seven years it will need to be registered with HM Land Registry, your solicitor will be able to submit this application and monitor its progress. When the application is completed, your lease will be allocated a leasehold title number, and you should be provided with a copy of the completed title register for your records.

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