Dealing in commercial property is a complex business and a serious financial commitment.
Whether you own the local corner shop or a large-scale development, we will work in partnership with you, giving you the expert advice and assurance you need, so you can get on with running your business.
Our commercial property team is recommended in legal industry guide The Legal 500 2017 for ‘depth of experience’ and ‘first class service’. It is one of the largest in the region, with clients including quoted companies, national organisations and property developers as well as individual property investors.
Every company’s needs are different, so we don’t offer a one-size-fits-all solution. We work with you to understand your objectives. And because we understand time is money and deadlines are critical – we deal with matters quickly and efficiently, without compromising standards.
Contact a member of our team today to discuss any commercial property issue, including:
- Anvic Developments sells three offices to Seneca Property
- Napthens advises as rugby club acquires ground
- Napthens’ teams praised in latest Legal 500
- Promotion for Blackpool’s Sophie
- ‘Re-think leases’ warning to housebuilders
- Growth plans unveiled as Fylde business village acquired
- Napthens advises on sale of historic Ambleside property
- Napthens advises as Barrow’s SN Group moves to new HQ
- Napthens advises on Fylde restaurant opening
- Agreements can protect both parties in land deals
- Welcome for empty property court decision
- Budget business rates reaction
- Napthens advises as Lancaster hotel business expands with acquisition
- Napthens advises as iconic Windermere hotel undergoes multi-million-pound redevelopment
- Blackpool solicitor named head of property team
- MID Communications dials up growth with O2 retail shop acquisitions
- Craft brewers expand with Manchester bar
- Blackpool retailer expands with two new sites
- Senior appointments to the property team at Napthens
- Seniors expands fish and chip brand to St Annes
- New development sees launch of homes division for Create
- Boost for Commercial Property team at Napthens
- New partner appointments at Napthens
- Trampoline park due to make ‘significant contribution’ to Blackpool leisure sector
- Commercial Property team promotions at Napthens
- Napthens supports Smiths expansion
- Napthens grows talent with apprentice appointment
- Napthens assists as nursery business expands with fitness franchise deal
- Napthens advises RSPCA on charity expansion
- High-rise Guild Centre acquired by Guild Hall owner
- Trampoline business takes leap forward
- Law change warning for landlords
- Napthens seals deal on professional services ‘hub’
- Napthens expands commercial property team
- Expansion for family business behind luxury Fylde hotel
- ‘Right to light’ warning
- Napthens collars police station for testing company
- ‘Follow the rules’ warning to property developers after landmark legal ruling
- Specialist marine fluids business sold
- Q&A: Commercial Property
- Legal 500 success for Napthens
- Illegal immigrant warning to landlords
- Fylde nursery group to create 20 jobs in expansion
- Napthens helps Thwaites acquire new brewery site
- Energy warning to landlords
- Napthens advises on charity expansion
- Stephen joins property team
- Napthens advises on marketing agency sale
- Lancashire’s Hillendale Group sold
- ‘Nothing to fear’ from rental market reform
- Nicola joins to expand East Lancs property team
- Commercial property team builds with new appointment
- Major refurbishment for popular hotel
- Growing gym business takes space in landmark Burnley building
- Napthens appointed to advise on major property deal
- Rent recovery to be transformed under new rules
- Planning changes could place burden on system
- Expansion for hotel company as Napthens advises on Premier Inn acquisition
- Napthens’ client Granby in £3.8m MBO
- Commercial Property team grows at Napthens
- Warning as planning permission rules change
- Napthens advises on Crown Paints’ Yorkshire expansion
- Q&A: Commercial property
I am assigning a lease and have been told I will have to give an AGA – what is this?
When a tenant is assigning their lease, the landlord can ask the tenant to guarantee the new tenant's performance of the obligations contained in the lease. The outgoing tenant may be required to enter into an 'Authorised Guarantee Agreement' or AGA, and this may be necessary to gain the Landlord’s consent to assign the lease. Tenants should be aware that by giving an AGA they will be guaranteeing that the new tenant performs the covenants and obligations contained in the lease - including the obligation to pay rent.
I am buying a commercial property – will I need to pay Stamp Duty Land Tax?
The rate of Stamp Duty Land Tax (SDLT) payable will depend upon the purchase price, whether VAT is payable on the purchase price and whether any SDLT relief can be claimed. SDLT will be calculated not only on the purchase price but also on the amount of VAT payable on the purchase price. It should also be noted that SDLT can be payable by a Tenant on the grant of a lease depending upon how long the lease is granted for and the annual rent payable. At present, the SDLT rates on non-residential or mixed use property or land are: Up to £150,000 - 0% Over £150,000 to £250,000 - 1% Over £250,000 to £500,000 - 3% Over £500,000 - 4%
I am looking to buy a commercial property. What searches will I need?
It is up to the buyer to find out as much about the property as possible. This can be achieved by asking the seller to reply to pre-contract enquiries. You should also undertake searches designed to reveal information that the seller may not provide; these include Local, Drainage and Environmental Searches, to name but a few. In addition it is recommend that the property is surveyed, and the survey should reveal any physical defects in the property. However, 'caveat emptor' applies...so buyer beware!
I am renting a commercial property and my tenant is defaulting on their rent payments. What can I do?
Firstly, consider whether you want to reclaim the property or just receive payment for the outstanding rent. Also bear in mind the means of your tenant to actually pay the outstanding arrears, as this may affect your strategy. The first thing to do is check your tenancy agreement, as this will help assess the options available, and it may be that your lease contains a forfeiture provision. Even if there is no forfeiture provision, there are various options; you may be able to issue proceedings against your tenant for payment of rent arrears or possession of your property, issue a statutory demand or pursue undertenants or guarantors for the debt.
I have often heard the term “dilapidations” referred to in relation to commercial leases, what does this mean?
Dilapidations is a general term used to describe items of disrepair, most often used in reference to matters covered by the tenant's obligations contained within a lease to repair a property. The term is often seen in the context of the repair works which a tenant is required to complete at the end of a lease, in order to bring the property up to the standard required when returning the property to the landlord. Parties to a lease need to carefully consider potential dilapidations liabilities before completing a lease.
I intend to sell or let out a commercial property, do I need to obtain an Energy Performance Certificate?
An Energy Performance Certificate (EPC) is required in almost all cases where a commercial property is being sold or let and should be obtained prior to the property being offered for sale or to let. There are some very limited exceptions where an EPC is not required (e.g. places of worship) and if in any doubt you should discuss the EPC requirements with your agent or legal adviser as soon as possible.
Commercial Property Litigation
Head of Cumbria and Real Estate
Stephanie Gray (nee Marshall)