Commercial Property

Recently we have been approached by an Agent to say can they prepare Commercial Leases. The Legal Services Act 2007 (LSA) governs the provision of legal services in England and Wales and defines the concept of "reserved legal activities." These are tasks deemed essential for protecting the public, and as such, can only be performed by individuals who are regulated by professional bodies. One of the key activities regulated by the LSA is the preparation of certain legal documents, including leases. When it comes to property law, the preparation of leases is considered a reserved instrument activity. This means [...]

Is it Possible for a Company with Model Articles of Association to Operate with a Sole Director? This has been a longstanding question in the legal world. Historically, inconsistent and contradictory case law did not give a clear answer. However, the High Court case of KRF Services (UK) Ltd [2024] seems to have offered more clarity on the Court’s view on this topic. The Old Position One of the reasons as to why the answer to this question has been uncertain is because historically there has been conflicting case law. These being Hashmi v Lorimer- Wing and Fore Fitness [...]

Attwells’ Commercial Team has advised a long-term client on their purchase of an industrial warehouse in the Ipswich area. The deal, worth just over one million pounds, marks another successful completion for the team towards the end of the third financial quarter of the year. The Commercial team advising on the sale was Jessica Yenson (Solicitor), Nick Attwell (Managing Partner & Solicitor) and Ben Friar (Paralegal). To learn more about the commercial law services that we offer, please visit our Business Law web pages. Our blogs and articles are correct at the time of writing. These have been [...]

A tenant can be given a right to occupy a property under either a lease or a licence. However, besides this, they are substantially different from one another. It is important to know what these are and how they differ. A lease is a legally binding contract, that gives the tenant exclusive right over a property for specified length of time (commonly between 5 and 10 years). It also outlines the tenant’s rights and responsibilities. It is a more secure document that cannot be changed unless agreed by both parties. A licence on the other hand is more informal. [...]

A deadlock can arise in a joint ownership agreement when the owners of a company or parties to an agreement cannot reach an agreement on the terms and management which results in a  conflict. The situation typically arises in a 50:50 joint venture, where each shareholder owns 50% of a company and the parties are unable to reach a decision on the matter. Some investors in the structural set-up would choose to be the dominant partner e.g. the one who makes the decisions, whilst others prefer to be the minority, e.g. preferring to take a lower risk. However, where [...]

Whether you find yourself in the role of a landlord or tenant in the world of commercial property, it's essential to understand the concept of service charges, their extent, and the approaches employed in their calculation. Understanding Service Charges Service charges, as the name implies, are fees imposed on tenants by landlords to cover specific services. They are in addition to regular rent payments and are intended to offset the landlord's expenses related to property management. The necessity and significance of service charges can vary depending on factors such as the size, occupancy, and intended use of the commercial [...]

When it comes to commercial real estate transactions, the importance of proper documentation cannot be overstated. One crucial step in securing your interests as a landlord or tenant in a commercial property is registering the lease agreement at the Land Registry. While this process may seem like just another bureaucratic requirement, it offers numerous advantages and protections for all parties involved. In this blog post, we will delve into the significance of registering a commercial lease at the Land Registry. Legal Clarity One of the primary reasons for registering a commercial lease is to establish legal clarity. By recording [...]

Warranties and Indemnities provide protection to buyers buying Shares or Assets of a company. They are protection provided by a seller in a sale and purchase agreement being statements that the buyer will rely on when entering into these agreements. In any sale, it is the buyer who bears the risk that the asset they’re acquiring may turn out to have unexpected liabilities or to be less profitable than expected. The statement ‘let the buyer beware’ is very crucial in any sale. It is therefore only right for a buyer (who may have little knowledge about the company or [...]

When it comes to buying or selling a property, one term you'll frequently come across is 'conveyancing'. But what exactly does it mean, and why is it so crucial in real estate transactions? This blog post aims to demystify the concept of conveyancing and shed light on its importance in the real estate sector. What is Conveyancing? Conveyancing is a legal process that involves the transfer of property ownership from one party to another. It's an essential part of buying or selling real estate, whether it's a residential home, a commercial property, or a parcel of land. The process [...]