Commercial Property

- About Us

expert Commercial Property law with Bate & Albon.

Whether you’re a corporate investor, or a private developer, Bate & Albon are specialist property solicitors in Sussex helping you navigate the world of commercial property. From business parks to multi-lets, we provide guidance and advice on a range of property law. Our team are committed to helping our clients with all legal aspects of purchasing and selling commercial properties. But our services don’t stop there.

Our client portfolio is diverse; we’ve secured business premises for startup companies, helped local authorities, and handled major project work with investment corporations. Our experienced team can help with projects of any size, sector, and objective.

Commercial property law is a specialist field and can be complicated territory, that’s why it’s important to have an experienced, specialist lawyer on your side.  

- Our Services

What areas do
we cover?

New Leases And Statutory Lease Renewals​ for commercial property
New leases & statutory lease renewals

Leasehold properties are depreciating assets, but leasehold terms can be extended, and this extension can increase the asset value. However, to enjoy the benefits, and secure a lease extension, you’ll have to complete a series of lengthy steps and strict procedures. The process for securing a new lease has similar demands. It’s important to have an experienced commercial property lawyer who’s familiar with deadlines and understands the commercial leasing landscape. 

Acquisitions and disposals of freehold and leasehold titles
Acquisitions & disposals of freehold and leasehold titles

Whether you’re looking to grant a new lease or a sublease, acquire a property from a freeholder, or dispose of interest in a property, Bate & Albon can help. No matter the size or the status of a commercial property, our specialist team are on standby to secure you the best terms and a winning resolution. 

Rent reviews & dilapidations of business property
Rent reviews & dilapidations

Dilapidation disputes, rent review negotiations, or property liability. These types of legal matters can be stressful, delicate, and hard to steer. Our specialist lawyers have helped many clients navigate these contentious aspects of commercial property law, offering pragmatic and considered advice tailored to your unique situation. Choosing Bate & Albon as your legal council is the first step to achieving a positive, desirable outcome.

Enforcement Of Tenant Covenants And Guarantees​ for commercial premises
Enforcement of tenant covenants & guarantees

There are many UK laws to consider when dealing with tenancies, and sometimes, situations arise that require legal intervention. That’s when you need a knowledgeable legal team who know to handle and uphold specific commercial property agreements, contractual tenant commitments, and party obligations.  

Acquisition of business premises
Acquisition of business Premises

If you’re looking for a new business premises, Bate & Albon can help with any stage of the acquisition process. Whether you’re looking for a storage warehouse, an office, or a retail space, our experienced lawyers help you navigate the transaction and avoid common pitfalls. Each business is unique. We’ve helped companies of all sizes across a range of industries.

And if you’re a young business, you might be considering an occupational lease. There are risks and responsibilities attached with this kind of commitment, but our legal team know these inside-out. Landlords will usually require rent deposits and guarantees, and this is especially true if you’re a new business. It’s important to secure favourable terms and set reasonable agreements, and that’s where the value of a well-established legal team comes in.

TUPE Transfers

When businesses inherit premises as part of a company acquisition, it can come with its own challenges. Our team have a thorough understanding of the legal issues that can arise, including TUPE Regulations, which protect the employees of the organisation you have acquired.

It’s an area of commercial property law that’s very specific and needs expert handling, especially if you’re wanting to safeguard not just your business, but your reputation and future rapport with a new team. Bate & Albon will steer you to the best outcome.

- How can we help?

I’m A Property Developer Interested In Representation.
Can You Help?

If you’re a property developer, there are many continuous legal hoops to jump through throughout the duration of your projects. Bate & Albon currently represent several property developers, providing these clients with on-going advice on a broad range of matters including: 

Site assembly and acquisition

Option, joint venture and promotion agreements

Planning obligations

Highways and drainage agreements

Dealing with potential barriers to development, such as restrictive covenants and rights of light

• Development finance – we can offer specialist legal advice for your bridging finance arrangements, learn more here

Plot sales

To find out more about these services and what representation could look like for you, contact our commercial property team.

 
FAQs:

A commercial lease is a legally enforceable contract between a property owner and a business tenant, outlining the rights and obligations of both the property owner and the tenant throughout the agreed-upon lease period.

The laws around commercial leasing can be complicated and hard to navigate, with implications being very expensive. By seeking expert advice before you enter into any agreement, it allows you to understand your exact liabilities, preventing any surprises down the line.

Freehold property means you own the building and land out right, until you decide to sell it. In contrast, when you own a leasehold property, you own the leased property, the extent of which will vary from lease to lease, for a set number of years, but not the land.

Commercial leasing comes with costs and fees. You’ll need to consider the cost of building insurance, stamp duty, potential VAT, any service charges for the business premises, approval fees for alterations or subletting and the cost of Registering the lease at the Land Registry.

In short, yes. Owning a long leasehold interest is still subject to the contractual terms and you will still have to comply with the lease terms.

When your lease comes to the end of your contractual term, for leases that fall within the Landlord and Tenant Act 1954, you’re entitled to a new lease on the same terms as your previous contract (subject to any market changes in rent). Our team are able to advice on whether the Landlord and Tenant Act 1954 applies to your lease, and your options for lease renewal.

For commercial property, the wording of the lease is crucial as to understanding your insurance obligations, but generally you’ll need to consider building and contents insurance, which together cover the business premises, its contents (including stock) and equipment.

Commercial property owners’ liability insurance is crucial for protecting against disasters such as burst pipes, fallen trees, fire, flooding or theft.

Advised and recommended, a commercial property survey is a key part of the due diligence process. It provides valuable information and helps prevent problems down the line, flagging any risks and helping you make the right decision on your property purchase.

Residential property: a building used as a living or dwelling space. Commercial property: a building intended for business purposes and non-residential activities, such as for offices, industrial sites, or retail.

 

For residential properties, the leasing term is usually 99- 999 years, with commercial, the leases are usually 3-5 years.

An Overage agreement is where a buyer will have to pay an increased price if circumstances change, for example, if planning permission is granted and therefore the land value has risen.

If you’re a landlord of a commercial property, the tenant is in breach of lease and the lease allows the landlord to forfeit on those specific grounds, then forfeiture may be an option. This should however be considered in the context of all remedies that may be available to a landlord, including debt recovery and statutory demands. Our team are on hand to guide you through the options.

If your tenant isn’t paying their rent, you will likely have a number of remedies, the most appropriate of which will depend on the specific circumstances of your situation. Traditional options include forfeiture of the lease, debt recovery and statutory demands.

The rules for eviction must be carefully followed to avoid substantial claims for loss of profit and unlawful eviction. If you need expert advice on how to approach your tenants, talk to our team.

Generally, when selling or leasing your commercial property, you will be required to complete Commercial Property Standard Enquiry (CPSE) forms. There are currently 7 CPSE

forms, each unique to the type of transaction. These forms can be complicated and lengthy, it is therefore important to seek expert legal advice to make sure they’re accurately completed. Failure to sufficiently comply with these stands could leave you liable at the other end of your commercial property sale.

Stamp Duty Land Tax is payable on commercial property purchases and leases.

Whenever a commercial property is sold with tenants in situ, those tenants’ current lease agreement is binding, even with new landlords. As a consequence, buyers cannot simply acquire the property and immediately raise the rent.

A lease surrender is when a landlord and a tenant mutually decide to end a commercial lease before the contract date, the landlord takes back control of the property on the agreed date. However, it’s important to seek legal advice before making any decisions.

A leaseback allows the owner of a property to sell it to an investor while continuing to occupy the property, the investor would then become the landlord in this scenario.

As a landlord, you need to ensure you’re fulfilling all the necessary obligations and responsibilities that come with commercial leasing. The landlord’s obligations will be set out within the specific wording of each lease.

Both legally binding contracts, the key difference between the two is that leasing is a formal agreement to occupy a property, whereas a licence is a more informal permission to use the property and without exclusive use of the property.

Here at Bate & Albon, we have years of experience in commercial property. With a wide range of legal obligations and complicated processes for both landlords and tenants, each commercial property scenario is unique. It’s therefore important to talk to one of our specialists about your situation, so we can provide expert, impartial advice.

- Meet the Team

Who handles commercial property law at Bate & Albon?

Carl Bate is a partner here at Bate & Albon and has many years of experience working in both residential and commercial property law. He has expertise in property investment and development with many success stories in his portfolio. 

Having helped multiple businesses and individuals, Carl’s reputation is backed up by a series of high-value projects. To find out more, visit his profile or contact Carl to discuss your commercial project.

 
Carl Bate
Carl Bate
PARTNER
Janine
Janine Cooper-Rowan
SOLICITOR
Chris Albon
PARTNER
Hamish Smith
Hamish Smith
PARTNER
- Contact

Need to Speak to us?

- Let's Talk

Contact one of Our
Property Law experts

Brighton: 01273 525766

Eastbourne: 01323 406080

Chichester: 01243 271490

Worthing: 01903 369959

- Where are we?

Commercial Property Solicitors in Brighton, Chichester, Eastbourne & Worthing

As a firm based in in East and West Sussex, Bate & Albon are specialists in our local property landscape. We make it a priority that you and both parties receive full clarity and premium service when it comes to business premises and commercial property. Our highly professional team of legal experts ensure that you and your property are in safe hands.

Looking for a solicitor to help you with your property? Contact Carl Bate to see how we can help you with your matter.