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Commercial Property

Our commercial property solicitors work regionally and nationally to support businesses in a variety of sectors. Whether it is a sole trader looking to renew a lease, an investor expanding their portfolio or any other business need, our commercial property solicitors will be able to assist you.

Why Kinetic Law?

At Kinetic Law, we take the time to understand your commercial ambitions before advising you.  We know how precious your time is; therefore we listen first and tailor our advice to what success means to you.

Talk to our property experts today

0800 445 1000

Commercial Property

Commercial property transactions are often complex, involving multiple parties and significant capital outlay.  Our commercial property team have extensive experience in the sector, partnering with both landlords and tenants to ensure they receive quality legal advice and representation throughout the life of their investment or business tenancy.  We also advise developers and investors on all stages of property development, working closely with you to ensure you have the support and knowledge required to complete the project on time, on budget, and realise projected profits.

We advise clients from all over the UK on:

  • Sale and purchase of commercial property
  • Sales and purchases of businesses
  • Site acquisition and disposal
  • Planning
  • Option agreements and overage
  • Finance
  • Developer agreements and joint venture agreements
  • Commercial tenancy agreements
  • Break clauses
  • Dilapidations and renovations
  • Rent reviews
  • Forfeiture and repossession
  • Rural land
  • Leases
  • Assignment of Leases
  • Landlord and Tenant issues

Our property team have particular knowledge and experience in bespoke commercial property transactions and complex development projects.

Commercial Property FAQ

It is usual for a commercial lease agreement to have a clause stating that if the tenant assigns the lease to a third party, they will enter into an AGA.  The AGA puts an obligation on the outgoing tenant to guarantee performance (such as paying rent and repair covenants) by the incoming tenant.

SDLT may be payable on commercial property transactions including:

  • commercial property, e.g. shops or offices
  • agricultural land
  • forests
  • any other non-residential use land or property
  • where six or more residential properties are bought in a single transaction

A break clause is a clause included in a commercial lease allowing the landlord and/or tenant to end the lease early.  The right to break may be exercisable on a specified date or on a rolling basis at certain points during the term of the lease.

The Code for Leasing Business Premises in England and Wales 2007 states that before a break is exercised, the tenant should be up-to-date on rent payments, intend to cease occupation, and have no continuing sub-leases.  All matters relating to dilapidations can be settled later.

A forward funding agreement as it relates to property development is where the purchaser or fund (e.g. a pension fund) provides the finance to cover all costs of the development as it is needed, e.g. architects’ fees, building contractors, etc.  Although the developer may see less overall profit than if it had self-funded, a forward funding agreement significantly mitigates risk.

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