How to buy, sell or lease your commercial premises

You want to make sure that the premises you have chosen work best for your business, or that your investment property yields the returns you are looking for.  Whatever your needs you also want to get things sorted out as quickly and efficiently as possible. 

Match and click the heading below for a quick transaction check-list 

Business owner - occupier purchasing

Advertising Select property. Contact Blair Cadell to note interest and raise initial enquiries
Negotiation Offer
Contract “Missives” contract
Documentation Title transfer (Disposition)
Stamp duty SDLT is payable (based on percentage of price)
Public register Registration dues payable based on value of property
Survey Obtain survey. Energy performance certificate (epc) to be provided by seller
Bank Confirm funding before concluding contract
Licensing Pub, hotel, restaurant etc check licensing requirements
Local authority consents Check documentation in order and obtain re proposed use/works

Business owner - occupier selling

Advertising Appoint agent. Advertise
Negotiation Receive offer/s
Contract “Missives” contract
Documentation Locate titles and other relevant documents for purchaser
Survey Purchaser obtains survey. Seller must provide epc
Bank Confirm basis of release of any security
Local authority consents Locate relevant documents in anticipation of purchaser's requirements

Tenant new lease

Advertising Select property. Contact Blair Cadell to note interest and raise initial enquiries
Negotiation Agree "Heads of Terms" with letting agents including: length of lease, rent, rent review, entry date, repairing obligation
Contract "Missives" contract, including adjustment of draft Lease
Documentation Lease - Examination of landlord's title
Stamp duty SDLT is payable (based on lease terms agreed)
Public register Registration dues payable based on agreed lease terms
Survey Important information to be obtained by tenant taking on full repairing obligations. Landlord to supply epc
Bank No specific requirement for tenant. Consent may be required in relation to any existing landlord's security
Licensing Pub, hotel, restaurant etc check licensing requirements
Local authority consents Check landlord's documentation in order and obtain re proposed use/works
Party status Landlord may require personal guarantees
Landlord consent Likely to be required in relation to any works proposed by tenant

Tenant buying existing business with leased premises

Advertising Select property. Contact Blair Cadell to note interest and raise initial enquiries
Negotiation Agree "Heads of Terms" with selling agents. Look at current lease terms
Contract "Missives" contract including adjustment of draft Assignation of lease
Documentation Lease Assignation
Examination of landlord's title
Examination of existing Lease
Stamp duty Payable (on basis of agreed assignation terms)
Public register Payable based on agreed assignation terms
Survey Important information for tenant taking on full repairing obligations. Landlord to supply epc
Bank Consent may be required in relation to any existing landlord's security
Licensing Pub, hotel, restaurant etc check licensing requirements
Local authority consents Check landlord's documentation in order and obtain re proposed use/works
Party status Landlord may require personal guarantees
Landlord consent Required re Assignation, at outgoing tenant's (assignor's) cost
Likely to be required in relation to any works proposed by tenant

Tenant selling business and assigning existing lease

Advertising Appoint agent. Advertise
Negotiation Agree "Heads of Terms" with purchaser/incoming tenant (assignee)
Contract "Missives" contract - including adjustment of draft Assignation of lease
Documentation Lease Assignation. Exhibit landlord's title. Exhibit existing lease
Bank Consent may be required in relation to any existing landlord's security
Local authority consents May be required by purchaser/incoming tenant (assignee)
Landlord consent Will be required re Assignation at seller's/outgoing tenant's (assignor's) cost. May be require in relation to any works proposed by incoming tenant (assignee)

Landlord purchasing investment property

Advertising Select property. Contact Blair Cadell to note interest and raise initial enquiries
Negotiation Offer
Contract "Missives" contract
Documentation Title transfer (Disposition)
Stamp duty SDLT is payable (based on percentage of price)
Public register Registration dues payable based on value of property
Survey Obtain survey. Energy performance certificate (epc) to be provided by seller
Bank Confirm funding before concluding contract
Licensing According to circumstances
Local authority consents Check documentation in order and obtain re proposed use/works

Landlord leasing investment property

Advertising Appoint agent. Advertise
Negotiation Agree "Heads of Terms" with tenant's agents including: length of lease, rent, rent review, entry date, repairing obligation
Contract "Missives" contract, including adjustment of draft Lease
Documentation Lease
Stamp duty Payable by tenant
Public register Registration dues paid by tenant
Survey Exhibit epc as requested by tenant
Licensing Tenant's onus
Local authority consents Exhibit as requested by tenant
Party status Consider personal guarantees from tenant
Landlord consent Consider approval of tenant's works proposals

Landlord purchasing property subject to tenancy

Advertising Select property. Contact Blair Cadell to note interest and raise initial enquiries
Negotiation Offer
Contract "Missives" contract
Documentation Title transfer (Disposition). Examination of existing Lease. Intimate change of ownership to tenant
Stamp duty SDLT is payable (based on percentage of price)
Public register Registration dues payable based on value of property
Survey Obtain survey. Energy performance certificate (epc) to be provided by seller
Bank Confirm funding before concluding contract
Licensing Check compliance by tenant if required
Local authority consents Check documentation in order and request from tenant re any proposed use/works
Party status Consider assignment from seller of any tenant guarantees

Contact Blair Cadell for a fixed fee quote and FREE initial consultation