FIND COMMERCIAL LAWYERS

Commercial Leases

" From A New Lease to taking on a sub Lease . . "

Your Commercial Interests

Looking for a solicitor to deal with your commercial interests can be a daunting task. Our panel solicitors can take the pressure off any concerns including assisting with drafting a fresh lease to cover all necessary areas or examining a lease already prepared by another solicitor. A commercial lease should contain all relevant terms and conditions regulating all the parties interests. You should ensure that your interest is being looked after by speaking with a lawyer. Commercial Leases do have a lifespan in accordance with its terms, however, there are ways of terminating these early and a solicitor can provide the best advice in these circumstances. Whether you are a business owner currently subject to a lease, or a property owner having difficulties with a tenant speak to a lawyer today.

OK, how about some straight facts!

Our solicitors can advise on all lease transactions, landlords and tenants should obtain legal advice for all commercial proposals including the fine detail of drafting a lease which our solicitors have expertise and knowledge of all potential pitfalls if not looked at carefully. Leases should include, but are not limited to, time limits and provision for evacuation, contribution of common areas such as the roof and structural walls which may be shared with other offices or business within an office block. There can be service charges to think about as well insurance cover for not only the building but the contents, furniture and property within the premises. There should also be provision regarding the business rates and responsibility for the utilities.

So what's the plan?

Commercial Leases do not only give rise to implications when drafting the finer detail for such a long commitment, there is also the question on the suitability of the property. In particular, tenants who have not sought legal advice may find that the title to the property contains limitations to the use of the property. A solicitor will be able to advise on the suitability and limitations or lack therefore, for your business proposals. Don’t leave it too late to end up bound to a lease for a property that you cannot use for your business purposes.

Commercial Property

" Investing In Property "

Purchasing a commercial property is an exciting venture for any business. The decision of property can have an effect on future growth and demonstrates commercial security to your customers, suppliers and employees. We know that in this economy business owners must make the right decisions at the right time for the right reasons. Make sure you get the best deal for your business, speak to a lawyer today!

Issues To Consider

Obtaining planning permission can be complex. You need to consider the lawful use and permitted development, stopping up orders and diversions, planning agreements, infrastructure agreements, public Rights of way and general negotiations with Local Authorities. Financing the purchase or repayment of the asset. What are the most tax effective methods. Although your lawyer will not provide an accounts basis it is prudent to have your lawyer and your accountant work though the legal and tax implications from the start.

So what's the plan?

Purchasing a property in Scotland is very much a case of ‘Buyer Beware’. There are normally limited warranties provided by Sellers after the date of entry and as such the purchasing solicitor must know what to check, examine and look for. It is not for the seller or the seller's lawyer to disclose problems (unless actively asked). To this end the purchasers lawyers asks and the sellers lawyers must provide the answers, searches and more often than not the persuasive facts to keep the deal moving and get agreement on the missives.

Stay realistic! Remember that every purchase transaction is dependent upon all parties pulling together at the same time. Your mortgage lender will require notice to release funds, and any last minute changes to the date of entry will also have to be agreed with the seller. In the event your solicitor has to make further enquiries on your behalf, the answers will often come from third parties who will not always appreciate your chosen time frame.

Commercial Licenses

" Navigating & Planning "

Regulated usually by local councils. licensing and registering certain types of business activities. Our panel license legal experts can tell you whether you need a license, help you apply for one and tell you and give you an indication of how long the process may take. There can be issues and specific regulations surrounding the transfer of licences and as such you are best to seek expert advice. The art in any licence acquisition or transfer is to get the timing right. The existence of a valid licence is vital to the function of any business and as such you must make provision to the licence in place. To do this you need a firm understanding of the timings and the process to ensure that your business does not suffer any down time.

Most licences are approved via the local authority and as such they have set meeting time to approve any change. Your licencing expert will provide a greater understanding of the hurdles to be overcome and factor this into the wider business context that the licence will function in. A licence tends to be only one part of the operational business and as such rarely can be considered in isolation.

I some cases you will also require to have valid certification and training in place as part of the licence process. For example if your business deals in food, Food Standards Scotland requirements will have to be taken into consideration. Our panel lawyers can help provide advice for new food businesses; safety and regulation information – including food law codes of practice, food incidents, labelling and legislation; industry-specific advice – including catering and retail, manufacturing and farming. On a final point at this stage you best to consider that many licences are person specific not business specific so choosing who holds the licence is very important. If this is an employee a back contract may be prudent to ensure that the business is not open to un-due employee pressure.

Starting A New Business

" From The Start! "

Whether you are just beginning or have already taken the first step and want to keep everything on track the right legal advice it can also be a legal minefield. As an example cash flow is an important part of any business. Checking you have the legally suitable insurance in place. Looking over any franchise agreement or contract is critical. let's not forget that you cannot look at any contract, agreement or lease in isolation. Similarly the need for statutory training or requiring a licence, planning consent or employee contract will play a huge factor. Your solicitor can help protect you against bad debts by making sure you have the right contracts with customers and suppliers. Solicitors can advise you so you make the right legal decisions to make your business successful as you grow. Business solicitors can provide business legal advice about getting started.

Prevention is better than cure. A specialised business solicitor can help you identify future legal problems and advise you on what steps to take to prevent problems before they happen, which will protect your business from risk and save you money.

A Few Questions Answered . . . To Help You Start

Will I be expected to know the basics?

The simple answer is no. For many of our clients this is a whole new situation that they find themselves in. Our success is the fact that our commercial lawyers day job is taking you through the point in your business.

I am really anxious, how can you help?

It is natural, you cannot be expected to understand all areas, and we understand this. Our panel of commercial lawyers will guide you through this time, it's not your job to drive the process and be the expert. You will be taken through the whole situation step by step at a pace that suits you and your company.

What is the usual timescale?

Given that you will no doubt be only one party to the situation/negotiation, timescales can be tricky to predict. The real issue is to progress matters with as little friction and as much assurity as possible. Avoiding the dreaded adversarial conflict that some experience is foremost in our panel lawyer's minds.

Can my commercial lawyer just take care of it?

You'll need to sign some documents and make a few decisions. But yes, all the technical ground work and checks will be done by your chosen commercial lawyer and then set on a plate for you. They'll make it as easy as they can.

Do I need to check all the documents and deeds?

No, your lawyer will check the deeds, reports and if required any third party can be contacted on your behalf to keep you away from the negotiations, well if that is what you want.