Dealing with commercial property is complicated and onerous. For many businesses, it is the biggest financial commitment they will make. It is vital to make sure that you fully understand the implications of entering into a commercial property transaction and that you secure the best possible deal.
At Kingsfords, our commercial real estate solicitors have extensive experience in representing landlords, tenants, landowners and developers in commercial property matters. We will work to understand your needs and your long-term aims and provide the advice and representation to meet these.
We work with clients in Ashford, the wider Kent region and beyond, providing expert assistance across a range of sectors and for businesses of all sizes.
Speak to our commercial property solicitors in Ashford
To speak to our commercial property solicitors in Ashford, please call 01233 624545 or fill in the enquiry form on the right-hand side of the page.
For more information in respect of our Ashford legal services, please see our solicitors in Ashford page.
Why work with our commercial property solicitors?
Our commercial property lawyers have a sound understanding of the commercial requirements of landlords, landowners, developers and businesses and always take the bigger picture into account when providing advice.
We know the importance of avoiding delays and working proactively to move a transaction forward. You will find our commercial property team to be responsive and diligent, offering exceptional service as well as an in-depth knowledge of the complex area of commercial property law.
We hold the Law Society’s Lexcel accreditation in recognition of our high standards of client care, legal compliance and practice management.
Our expertise with commercial property in Ashford
Sales and purchases (including developments)
We offer a comprehensive commercial conveyancing service, representing landlords, developers, landowners and businesses in buying and selling commercial property in Ashford, across Kent and beyond.
We will negotiate to secure the best possible heads of terms and ensure that all due diligence is dealt with promptly and with attention to detail. Where problems arise, our team has the experience to deal with them quickly and effectively. We understand the importance of meeting deadlines and we always work efficiently to eliminate hold-ups.
Finance and secured lending
We routinely deal with commercial property financing and secured lending for buyers and developers. We represent clients in a full range of property finance matters, including commercial mortgages, bridging finance and portfolio refinancing.
We deal with the entire process, to include discharging existing mortgages where necessary.
Leases, tenancies and licences
Commercial leases, tenancies and licences are complex and onerous and it is crucial to have expert legal advice before entering into an arrangement.
We can advise you on terms and negotiate on your behalf to secure the most advantageous agreement for your business needs. Having expert help at the outset is the best way of avoiding misunderstandings and disputes, which can be disruptive and costly
We will make sure you have our recommendations regarding all relevant aspects of your lease, tenancy or licence, including in respect of:
- Security of tenure
- Condition reports and responsibility for repairs
- Permitted use
- Service charges
- Break clauses
- Rent review
Options
If you are a landowner or developer, we can draft and agree on the terms for an option agreement, giving you the certainty and flexibility you need to develop land.
We will work with you to establish how you want the option to work and put the right agreement in place for your needs. We will advise you on the implications of signing and ensure that the terms and conditions are in your best interests.
Conditional contracts
We represent landowners and developers in putting conditional contracts in place, allowing for development once planning permission has been received. We will make sure that the contract is robust and that your rights and interests are adequately protected.
We will negotiate to ensure that the agreement is clear and unambiguous, so that both parties have a sound comprehension of the provisions that need to be satisfied to complete the contract.
In drafting the contract, we will work to understand how you want the process to work, to include issues such as:
- The length of the conditional period and agreed longstop date
- How the purchase price will be agreed, if it is not fixed
- What support the landowner agrees to give in respect of the planning application
- How a successful planning outcome is defined
- Whether extra time will be permitted for a planning appeal
- Access arrangements
- How notice for completion will be dealt with
- Vacant possession
Overage agreements
Where the purchaser or developer agrees to pay the seller of land an additional sum of money in the future when a specific event takes place, such as the granting of planning permission, an overage agreement will set out the details of the arrangement.
This type of contract can be complex and it is crucial to have expert advice before you enter into it. We draft bespoke overage agreements for our clients and provide advice on the clauses to be included.
We also give guidance on the right type of overage agreement for your circumstances, including overage payable when undeveloped land is sold on at a profit and overage payable after development when units are sold.
We will also advise on issues such as:
- The length of the overage period
- Exemptions from overage or permitted disposals
- Whether the benefit of the overage provisions can be assigned to a third party and how this will be dealt with
- Tax liability
Planning agreements
We advise on entering into planning agreements with local authorities, to include negotiating terms and conditions and drafting planning agreements that protect your position as far as possible.
It is crucial to have expert representation when entering into a planning agreement, as developers will be bound to the obligations for the long-term.
Rights and easements
Problems with rights and easements can cause difficulties in the way in which a property can be used, so it is important to understand the implications.
We provide guidance on dealing with rights and easements in respect of commercial property, to include granting new rights on the sale of property and dealing with compliance with existing rights.
Commercial property disputes
Commercial property disputes can be expensive and difficult to resolve if they are not dealt with promptly. The best way to tackle a disagreement is to seek legal advice as soon as possible. We can intervene on your behalf to try and find an acceptable solution before matters escalate and relationships deteriorate.
We are experienced in handling disputes and have a proven track record of success in resolving matters without the need for litigation. If putting a strong case and negotiating with the other side does not end the disagreement, we can represent you in alternative dispute resolution to try and find an out-of-court solution.
If your case does need to go to a hearing, we will ensure you are thoroughly prepared and that you have expert representation by a commercial property advocate.
Speak to our commercial property solicitors in Ashford
To speak to a commercial real estate lawyer in Ashford, please call 01233 624545 or fill in the enquiry form on the right-hand side of the page.