Question 1

When should I bring in a solicitor?

Accepted Answer

Earlier than most people expect. It's tempting to wait until the main terms are agreed and then hand things over for someone to "do the legal bit," but by that stage a lot has often been settled, and the room to negotiate has quietly gone. Brought in at the heads of terms stage, we can raise the small points that make a big difference later, while there's still scope to change them. Involving us early rarely slows a deal down; more often it keeps it on track.

Question 2

What's the difference between freehold and leasehold?

Accepted Answer

With a freehold, you own the property outright, including the land it sits on, for as long as you want it. With a leasehold, you have the right to use the property for a fixed period under a lease, with a landlord and a set of terms to follow: the rent, who repairs what, and what you can and can't do with the place. Both are common in commercial property, and neither is automatically better. Which suits you depends on what you're trying to achieve, and we'll talk that through before you commit.

Question 3

Can I buy commercial property at auction?

Accepted Answer

Yes, and auctions can be a good route where speed and certainty matter. The thing to understand is how quickly the legal commitment happens: once the hammer falls you're usually bound, on the terms the seller has set out in a legal pack issued beforehand. That makes the time to take advice before you bid, not after. We can review the legal pack, flag anything that should give you pause, and make sure you walk in knowing exactly what you'd be taking on.

Question 4

How does a mortgage or other borrowing affect the transaction?

Accepted Answer

Property deals rarely happen in isolation from finance. A purchase often depends on lending, and a sale may mean repaying it, so the legal work and the funding need to move in step. We make sure the lending side is dealt with properly and at the right moment, so the money is there when it needs to be and nothing holds up completion. We act for buyers, sellers and lenders, including on lender panels, which means we understand what's needed from every angle.

Question 5

Should I take legal advice before signing a commercial lease?

Accepted Answer

Yes, and ideally before the terms are fixed rather than after. A lease is often a long commitment with a great deal riding on the detail: the rent and how it's reviewed, who's responsible for repairs, whether you can assign or sublet, and how and when it ends. Those points shape what the deal really costs you and how much freedom you have. This matters most if you're a tenant. Landlords usually have experienced agents acting for them, while tenants often go unrepresented, and we're here to level that up.

Question 6

What should I look out for in a commercial lease?

Accepted Answer

A few terms tend to matter more than the rest, so they're worth understanding before you sign: Rent and rent review: how much you pay, and how and when it can go up over the life of the lease. Repairs: leases are often "full repairing and insuring," which can leave a tenant responsible for more than they realised, sometimes including the state the property was already in. Assignment and subletting: whether you can pass the lease on or let part of the space, and on what conditions. Break clauses: whether you can end the lease early, and the steps you must follow exactly to do so. Term and renewal: how long the lease runs, and what happens when it ends. We'll go through the lease with you and explain in plain terms what each part means for you in practice, not just what it says.

Question 7

Can my landlord refuse to renew my lease at the end of the term?

Accepted Answer

This is where the Landlord and Tenant Act 1954 comes in. Many business tenancies carry what's called "security of tenure," which gives the tenant a legal right to renew at the end of the term, unless the lease was "contracted out" of the Act before it started. Whether your lease is protected, or has been contracted out, makes a real difference to where you stand. The time to understand this is at the very beginning, when the position is being set, rather than when the term is running down and your options have narrowed.

Question 8

What happens at the end of a commercial lease?

Accepted Answer

When a lease ends, a landlord will often expect the property handed back in a particular condition, and a claim for "dilapidations" can follow if it isn't. Where you stand depends on the repairing obligations written into your lease, which is another reason those clauses are worth understanding at the outset. Taking advice before the end of the term, rather than once a claim has landed, gives you the best chance of keeping any liability in proportion. If a dilapidation claim does become contentious, our litigation colleagues can take it forward, working alongside us so you don't have to start again with a new firm. You'll find more on our Commercial Landlord & Tenant page.

Question 9

Can I develop my property or land?

Accepted Answer

The honest answer is that it depends on a number of things. Depending on the size and nature of what you have in mind, you may need planning permission from the local authority, and you may also need building regulations approval for the works themselves. Something that's easy to overlook is that the title deeds to your property can prohibit certain development altogether, whatever the council decides (more on that below). Before any work begins, it's worth taking advice from a planning consultant and a solicitor. Develop without the right consents and you risk being made to put the property back as it was, or even take down what you've built, with the cost of enforcement on top.

Question 10

Do I need consent to develop my property?

Accepted Answer

Almost all significant development needs the consent of the local authority and building control, though certain minor works are exempt. The Government's Planning Portal is a useful place to check whether planning permission or building regulation approval is required. If any doubt remains after that, it's sensible to speak to a planning consultant or a solicitor before you start, rather than after.

Question 11

Can my neighbours stop my development, or can I object to theirs?

Accepted Answer

There are a few ways a neighbour might try to stop a proposed development. The most straightforward is to object formally through the local authority. When someone applies for planning permission, the council will publicise it and write to those it thinks may be affected, including neighbours, and it takes their views into account. If you're the one objecting, it's important your arguments rest on proper planning grounds rather than a personal disagreement, as that's what the council can actually weigh. A development can also be blocked by a provision in the title deeds to the property, or to a neighbouring one. It's common, for instance, for deeds to prohibit anything other than a single home, or any commercial use. These difficulties can arise even where planning permission has been granted, because the council doesn't look at title deeds when it decides. That's why it's well worth taking legal advice early, so anything that could derail the plan is spotted before you've invested in it.

Question 12

What are restrictive covenants, and could they affect me?

Accepted Answer

A restrictive covenant is a promise written into the title deeds that limits what can be done with the land. It might ban anything beyond a single dwelling, rule out business use, or restrict building in some other way, and it can be decades old yet still binding today. Crucially, a covenant can stop you even where you've obtained planning permission, because the two are entirely separate things. We check the title before you commit, so if there's a covenant that affects your plans you hear about it at the start, while you can still do something about it.

Question 13

I hold my business premises in a pension. Can you help?

Accepted Answer

Yes. We have particular experience with property held in pension schemes . Many business owners hold their premises inside a self-invested personal pension, known as a SIPP, or a small self-administered scheme, a SSAS, and these bring extra rules to follow. We deal with buying, selling and letting pension-held property, and with transfers between schemes when you change provider and take the property across, making sure each step meets the requirements that apply.

Question 14

I'm a commercial landlord, but I also let flats or mixed-use property. Does the Renters' Rights Act affect me?

Accepted Answer

It can, but only on the residential side. The Renters' Rights Act reshaped the rules for residential lettings, ending no-fault evictions and fixed terms and bringing in new duties for landlords. It doesn't change how commercial leases work, which still run on the lease terms and the Landlord and Tenant Act 1954. Where it matters is mixed-use property, such as flats above a shop or office: the commercial part carries on as before, but any residential tenancy within it now falls under the new regime, which can affect things like planning for vacant possession. If your portfolio holds both, it's worth having the residential side looked over so nothing catches you out. Our Dispute Resolution team handles residential landlord and tenant work and can review that part for you, while we look after the commercial side.

Question 15

We're a charity. Are there extra rules when we buy, sell or lease property?

Accepted Answer

Yes, and trustees are often surprised to learn they apply at all. Whenever a charity buys, sells, leases or borrows against land, the Charities Act adds requirements on top of the usual property work, and getting it wrong can create real problems, including personal exposure for the trustees. Before you proceed, we look at how the property is held, work out whether a statutory exemption lets you avoid the full Charity Commission consent process, and set out exactly what's needed at each stage. We get involved from the very start, so you're never caught out partway through. There's more on our Charity Land page.

Question 16

I farm, and a developer wants to buy my land. What should I do?

Accepted Answer

Take advice before you commit to anything, even informally. Approaches from developers wanting land for new housing are increasingly common, and the structure of any agreement makes a significant difference to what you actually end up with. We can talk you through your options and make sure any agreement works firmly in your favour rather than the developer's. You'll find more on our Agricultural Land and Strategic Land & Development pages.

Commercial Property FAQ

Buying, selling and financing

Commercial leases

Developing your property or land

Specialist situations

Our trusted team.

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