Commercial Property
Birchall Blackburn’s Commercial Property practice is headed by partner Daniel Woodcock, who is based in Manchester. Daniel is ably assisted in his role by Jane Lockwood in Preston and Tony Coates in Southport.
The team provides commercial property advice of a standard comparable to that provided by the big regional law firms – but at a commercially affordable price.
We provide an efficient, pro-active and cost-effective service and strive to work as closely as possible with clients to provide a tailored service to suit the individual commercial property needs of each, whether they be individuals or large corporations.
Whilst the firm itself is centred on the North West, we undertake commercial property work for clients throughout England and Wales. We also represent a very broad range of clients, including banks, public authorities, insolvency practitioners, investors, portfolio managers, landlords, tenants, landowners, leisure operators, retailers, residential and commercial developers and manufacturers.
The team enjoys good links with a wide network of agents, valuers, architects, planning consultants and other property professionals across the North of England and clients are able to benefit from this wide pool of contacts and the opportunities and expertise which such relationships provide.
We are competitive on fees and understand that clients are keen to secure legal services at the best value for money possible in the current economic climate. Our normal practice is to agree a fixed fee for each instruction, whenever possible, prior to commencing work – so clients know exactly where they stand on fees from the very outset and there are no unpleasant surprises.
Please feel free to contact any member of the team, each of whom will be pleased to assist you or your business with any enquiries or opportunities arising.
Email our commercial property team for more information or phone:
- Daniel Woodcock: 0161 238 5645
- Tony Coates: 01704 215159
- Jane Lockwood: 01772 562187
Please read on to find out more about the services which the team can offer to commercial property clients.
‘Acquisitions’
We provide the following services to those looking to purchase freehold or long-leasehold commercial property interests:
- Putting in place any required exclusivity or confidentiality agreements.
- Investigating the seller’s title and the interests and rights of all person in occupation of the property.
- Requesting and reporting on all appropriate commercial conveyancing searches.
- Reviewing and reporting on the seller’s replies to pre-contract enquiries.
- Undertaking site inspections and advising on any issues arising.
- Liaising with any appointed surveyors, valuers and consultants or any superior landlords.
- Preparing and delivering a report on title tailored to your requirements.
- Negotiating, settling and exchanging the sale and purchase agreement.
- Dealing with any variation agreements, consent applications or other pre-completion tasks.
- Drafting and settling the form of the transfer and any ancillary acquisition documentation.
- Complying with the requirements of any lender and its solicitors.
- Preparing for and then completing the purchase of the property.
- Dealing with the preparation, submission and completion of any required applications to Companies House, HM Revenue & Customs and the Land Registry.
- Carrying out commercial property support work in connection with corporate acquisitions.
- Acting in connection with less-straightforward purchases, such as auctions and contractual tenders.
‘Disposals’
We provide the following services to those looking to sell freehold or long-leasehold commercial property interests:
- Where appropriate, collating and supplying a comprehensive sales pack for buyers’ use.
- Identifying and remedying any defects in title or other conveyancing anomalies identified.
- Liaising with any appointed surveyors, valuers and consultants or any superior landlords.
- Assisting with the negotiation and documenting of heads of terms.
- Putting in place any required exclusivity or confidentiality agreements.
- Providing evidence of ownership and the interests and rights of persons in occupation to the purchaser’s solicitors and dealing with any enquiries raised in connection with the same.
- Assisting with the provision of replies to pre-contract enquiries raised by the purchaser.
- Advising on any issues relating to a sale of part only of a property.
- Drafting, negotiating, settling and exchanging the sale and purchase agreement.
- Dealing with any variation agreements, consent applications or other pre-completion tasks.
- Approving the form of the transfer and any ancillary acquisition documentation.
- Liaising with any lender regarding the discharge of its security on completion.
- Preparing for and then completing the sale of the property.
- Carrying out commercial property support work in connection with corporate disposals.
- Advising in relation to alternative modes of sale, such as auctions and contractual tenders.
‘Business Leases’
We provide the following services in relation to lettings in respect of existing commercial premises:
- Advising on heads of terms, having regard to the parties interests, market conditions and other relevant factors.
- Dealing with pre-letting enquiries and collating all relevant information concerning the premises to be let.
- Drafting, negotiating and settling pre-lease documentation such as agreements for lease.
- Drafting, negotiating and settling the terms of any lease.
- Dealing with authorised guarantee agreements, other guarantees and rent deposits.
- Advising on the principal terms of all transactional documentation and any issues arising.
- Dealing with the prescribed documentation required to validly ‘contract-out’ of the security of tenure provisions of the Landlord and Tenant Act 1954.
- Acting in relation to any dispositions of commercial leasehold premises, such as assignments and sub-leases and dealing with ancillary documentation.
- Advising on the determination of business tenancies whether by effluxion of time, express surrender or in accordance with the provisions of the Landlord and Tenant Act 1954.
- Acting in connection with both contentious and non-contentious renewals of business leases.
‘Landlord and Tenant’
We provide the following services to landlords and tenants of commercial premises:
- Advising on the terms of lease agreements and their correct interpretation.
- Advising in connection with applications for consent to assign, underlet or alter premises.
- Advising on the enforcement of covenants, such as those relating to:
- use of the premises;
- payment of rents and service charges;
- permitted or prohibited dealings with the premises;
- permitted or prohibited alterations; and
- repair and decoration of the premises.
- Advising in connection with break rights and options to purchase and renew.
- Acting in connection with the variation of existing lease arrangements.
- Advising in relation to the yielding-up of premises and dealing with dilapidations.
- Advising in relation to licences to occupy and tenancies at will.
- Procuring that rent reviews are correctly implemented and appropriately documented.
- Tracing tenants’ whereabouts and assisting with the recovery of rent and service charge arrears.
- Conducting Court proceedings to recover possession of let premises and the removal of unauthorised occupants.
‘Commercial Development’
We provide the following services to commercial developers:
- Advising on pre-contractual negotiations and the settling of heads of terms.
- Advising on all aspects of site assembly - including resolving ransom strips, rebuilding titles and procuring defective title indemnity insurance policies.
- Design issues - helping to plan layouts to 'design out' areas sterilised by rights of way, restrictive covenants and other encumbrances.
- Full site due diligence - including a dedicated site-inspection service and advising on issues such as:
- restrictive covenants;
- commons registration risk;
- rights to light issues;
- prescriptive rights claims; and
- the safe removal of occupational tenants.
- Advising on all development issues arising such as the variation of wayleaves, rights of way and other easements.
- Documenting temporary arrangements such as crane-oversailing licences and building-compound leases.
- Drafting and advising on exclusivity agreements, options, conditional contracts, pre-emption rights, overage & clawback, deferred consideration and land exchanges.
- Drafting and putting in place bilateral and unilateral section 106 agreements.
- Dealing with section 38 and 278 agreements and advising on and resolving highways and access issues, ransom strips, visibility splays and public rights of way.
- Designing bespoke estate documentation and setting up management companies.
- Putting in place agreements for lease and other pre-letting documentation required to secure new commercial tenants.
- Dispute resolution - defending claims, issuing proceedings, stopping buyers / tenants avoiding their contractual obligations, debt recovery work, etc.
'Residential Development'
We provide the following services to residential developers:
- Advising on pre-contractual negotiations and the settling of heads of terms.
- Advising on all aspects of site assembly - including resolving ransom strips, rebuilding titles and procuring defective title indemnity insurance policies.
- Design issues - helping to plan layouts to 'design out' areas sterilised by rights of way, restrictive covenants and other encumbrances.
- Full site due diligence - including a dedicated site-inspection service and advising on issues such as:
- restrictive covenants;
- commons registration risk;
- chancel repair liability;
- historic mining issues;
- rights to light issues;
- prescriptive rights claims; and
- the safe removal of occupational tenants.
- Advising on all development issues arising such as terminating wayleaves and "lifting and shifting" rights of way and other easements.
- Drafting and advising on exclusivity agreements, options, conditional contracts, pre-emption rights, overage & clawback, deferred consideration and land exchanges.
- Drafting, negotiating and settling section 106 agreements.
- Dealing with section 38 and 278 agreements and advising on and resolving highways and access issues, ransom strips, visibility splays and public rights of way.
- Designing bespoke estate documentation, setting up management companies and dealing with transfers of substations and green space.
- Plot sales - our established plot sales team can deal with volume plot sales in an efficient and cost-effective manner.
- Dispute resolution - defending claims, issuing proceedings, stopping buyers avoid contractual obligations, debt recovery work and dealing with trespassers.
‘Property Management’
We provide the following services to those who manage commercial property portfolios:
- Dealing with the voluntary registration of property at the Land Registry.
- Dealing with the drafting, negotiation and grant of leases, licences to occupy and tenancies at will.
- Advising in connection with consent applications.
- Advising in relation to claims for adverse possession.
- Providing advice in connection with the removal of unlawful occupiers and trespassers.
- Providing advice in relation to rights acquired by prescription.
- Advising in connection with the establishment and operation of management companies.
- Handling a wide range of sale and leaseback transactions.
- Provision of advice in relation to the re-gearing of leases.
‘Services To Lenders’
We provide the following services to lenders:
- Undertaking supervisory due diligence and reporting prior to acquisition lending.
- Ensuring pre-completion undertakings / arrangements are in place to protect lenders.
- Advising on the remedying of a wide range of title defects and anomalies.
- Obtaining quotations for and effecting defective title indemnity insurance cover for lenders.
- Ensuring due execution and completion of legal charges and related security documentation.
- Assisting with the obtaining of foreign opinion letters in relation to offshore borrowers.
- Dealing with the registration of legal charges at Companies House and the Land Registry.
- Safe storage of title deeds and documents for lenders.
- Undertaking security reviews and perfecting and enhancing security where required.
- Providing advice in relation to potential / pending negligence claims against solicitors, valuers, surveyors and other real estate professionals.
- Liaising with insolvency colleagues to assist with property aspects of debt-recovery work.
'Distressed Property'
We provide the following services in relation to distressed commercial property:
- Undertaking security reviews where lenders have - or should have - security.
- Perfecting and enhancing security, where relevant, in relation to specific properties.
- Advising on issues identified from historic reports on title and title matters generally.
- Progressing any remedial work required to resolve any defects in title.
- Providing advice in relation to potential / pending negligence claims against solicitors, valuers, surveyors and other real estate professionals.
- Dealing with the appointment of and liaising with / acting for insolvency practitioners.
- Acting for lenders on disposals where they are selling as mortgagee in possession - whether by auction or private treaty sales.
- Acting for insolvency practitioners in relation to disposals - whether by auction or private treaty sales.
- Where economic considerations demand (as no immediate realisation sale is possible), acting on:
- the grant of leases;
- the assignment of leases;
- the creation of licences to occupy;
- surrenders and agreements for surrender; and
- the undertaking of other property management work.