Commercial Property Acquisition & Sales

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Whether you are buying or selling land or commercial property, you need expert legal advice to guide you through the complexities.

Recognised widely for our expertise, the ORJ team is trusted by a huge range of businesses across the Staffordshire, Shropshire, the West Midlands and further afield on all aspects of commercial property.

We know how frustrating it is when you have instructed a legal firm but you feel you are getting nowhere or keep hitting the buffers.

This is why ORJ is different.

Our dynamic commercial property team is highly motivated to work for you and to go the extra mile to complete your transaction or resolve a legal issue.

What is important to you is important to us, too.

Timing

Afraid you might lose the commercial property you are seeking to sell, lease or buy? Timing is everything and you are probably only too aware that a delay can mean your transaction could fall through. We understand that working swiftly and efficiently is key to getting the deal done. We don’t hang around and proactively work on your behalf to get everything over the line in time and in budget.

Tax

On any purchase – and on some sales within a group – we need to give careful consideration to tax. This means examining any Capital Gains Tax liabilities, Corporation Tax, Stamp Duty Land Tax and VAT. We will work closely with your accountant on these issues, making sure you also receive any relief.

Title

This could be the home of your business or your investment.

We carry out all the necessary due diligence so you are fully aware of any potential issues that could affect your transaction.

One of the most important searches is a title search, which documents the ownership of any piece of real estate.

Most properties are registered with the Land Registry and our expert legal team will inspect the official copies of the register, the title plan and any documents referred to on the register to make sure there are no problems associated with the sale or purchase.

The title search shows:

The owner of the property
Details of ownership, such as cautions, existing charges, notices
The extent of the property
If it is freehold or leasehold
The price paid, if this is recorded
If it benefits from any rights
If it is subject to third party interests such as mortgages, rights or covenants, or leases.
If there is anything influencing the use of the property, such as easements, rent charges, provisions, restrictive covenants, third party interest

A Land Registry index map search is often useful as part of title investigations, as it may disclose other entries and interests that cause problems or at least require further investigation.

Commercial Property Lease

Whether you are an established multinational or a start-up business taking on your first commercial premises, signing a lease is a commitment that can come with significant risk if you do not take the right legal advice.

We understand the complexities associated with commercial leases and ensure our clients are fully appraised of their obligations and responsibilities before they sign on the dotted line.

You can trust us to deal with the essential aspects of any lease and any matters arising, such as:

Licensed alterations – this is a formal agreement between a landlord and tenant, detailing the changes the tenant wishes to make to the property and the terms it is allowed.
Assignments and licences to assign – this is a formal document from a landlord that provides permission to a leaseholder selling their property to assign the lease to a new leaseholder buying the property. As part of this service, we check if ground rent and service charges are up to date.
The grant of a sublease or an underlease – a sublease (also known as an underlease) is when a tenant of an existing lease (the “superior lease”) grants another lease below their own. While most commercial leases allow a tenant to sublet there are often conditions that have to be met and it should be formalised in a licence.
Rent reviews – it is essential you understand how rent adjustments are determined. Our expert team provide the best advice on what to do with rent review clauses and negotiate terms.
Break notices – either the landlord or tenant can serve a break notice to end the lease before the contract expires. A break clause is added to the agreement, providing a contractual right to either party to terminate the lease early, and usually states that a break notice will only be effective if various conditions are met.
Dilapidations – these relate to breaches of a tenant’s lease obligations or covenants. A landlord can make a dilapidations claim against the tenant during or towards the end of a lease, or after the lease has ended. This Schedule of Dilapidations outlines the breaches of the tenant’s lease obligations and with your surveyor, we can help you to make sure you comply with them.
Lease length – we look at this carefully to ensure it meets your needs and is the right length to suit your business.

Agriculture

Our commercial property team has some of the most in-depth legal experience within the agriculture sector anywhere in the Midlands. Our expert commercial property solicitors have helped to protect the financial and legal interests of hundreds of farms and farming families over the years.

The agriculture sector has its own set of legal challenges, including rights of access, wayleave agreements, easements for services and environmental or stewardship schemes, and because members of our team are close to the farming industry, we understand the complexities behind them. This helps us to stand out from other legal firms.

We provide detailed, tailored advice to meet your specific needs, examining transaction and requirements and specialise in:

The purchase and sale of farms and agricultural property.
Creation of new leases and farm business tenancies
Sales of farming land to developers.
Sporting and mineral rights
Farming and family shareholder agreements
Refinancing of the family farm
Animal leasing agreements
Grazing agreements

We can advise you on the acquisition of commercial property and disposal of freehold and leasehold commercial property at our Stafford, Telford, Birmingham or Shrewsbury offices.