Business agreements should always be formally documented, and failing to do so is a recipe for dispute in the future. Recently, the Court of Appeal dismissed a man's appeal against the rejection of his claim that he had been promised a 50 per cent share in...
Whether you are purchasing your first business premises, negotiating a complex commercial lease, or resolving a property dispute, our commercial property solicitors provide the expert legal guidance you need at every stage.
T G Baynes has been advising businesses and property investors across Kent and South East London for decades, with offices in Orpington, Bexleyheath, and Dartford. Our team combines deep knowledge of commercial property law with a practical, client-focused approach, ensuring your transaction completes smoothly and your interests are fully protected.
We understand that commercial property transactions represent significant financial commitments for your business. That is why we take the time to understand your objectives, explain each step in plain English, and provide straightforward commercial property legal advice tailored to your situation. From the initial instruction through to completion and beyond, you will have a dedicated solicitor who knows your matter inside and out.
Call our commercial property team today: Bexleyheath 020 8301 7777 Dartford 01322 295555 Orpington 01689 886000
What Is Commercial Property Law?
Commercial property law governs the purchase, sale, lease, development, and management of business premises in England and Wales. It encompasses a broad range of legal areas, including commercial conveyancing, landlord and tenant law, planning and development, property finance, and dispute resolution. Key legislation includes the Law of Property Act 1925, the Land Registration Act 2002, and the Landlord and Tenant Act 1954.
Commercial property transactions differ significantly from residential conveyancing in their complexity, risk profile, and legal requirements. Business premises may be subject to environmental liabilities, planning restrictions, existing tenancies, and complex title covenants that require specialist analysis. Whether you are a first-time business buyer or an experienced property investor, instructing a commercial property solicitor ensures that potential risks are identified and addressed before you commit.
Our commercial property services
Our commercial property solicitors in Kent handle the full spectrum of business property matters. Whatever the size or complexity of your transaction, we provide clear, responsive, and commercially aware legal advice.
Buying Commercial Property
Purchasing commercial premises is one of the most significant investments a business can make. Our buying commercial property solicitors guide you through every stage of the acquisition process, from initial due diligence to Land Registry registration.
When you instruct T G Baynes to act on your commercial property purchase, we will:
- Investigate the title and report on any restrictions, covenants, or encumbrances that could affect your intended use of the property
- Commission and analyse local authority searches, environmental searches, and drainage searches to identify potential issues
- Review and negotiate the contract of sale, ensuring all terms protect your interests
- Liaise with your lender (where applicable) and ensure all mortgage conditions are satisfied
- Calculate and advise on Stamp Duty Land Tax (SDLT) liability under current HMRC rates
- Manage the exchange of contracts and completion, including the transfer of funds
- Submit the Land Registry application and ensure your ownership is properly registered
We regularly handle purchases of offices, retail units, industrial premises, warehouses, mixed-use properties, and development land across Dartford, Bexleyheath, Orpington, and the wider Kent area.
Selling Commercial Property
When selling commercial property, it is essential to have experienced legal representation to ensure a smooth transaction and to protect your position throughout. Our selling commercial property solicitors manage the legal process efficiently, minimising delays and keeping you informed at each stage.
Our selling service covers:
- Preparation of the contract pack, including title documents, property information forms, and all required disclosures
- Drafting and negotiating the contract of sale, including any special conditions
- Addressing pre-contract enquiries from the buyer's solicitor
- Managing the exchange and completion process
- Dealing with the discharge of any existing mortgages or charges
- Advising on Capital Gains Tax implications where applicable
Commercial Leases
A commercial lease is a legally binding agreement between a landlord and a business tenant granting the right to occupy commercial premises for a specified period. Commercial leases typically run from 3 to 25 years and contain detailed provisions covering rent, repairs, permitted use, and renewal rights under the Landlord and Tenant Act 1954.
Our commercial lease solicitors act for both landlords and tenants across all types of commercial lease transactions. Whether you are taking on a new lease, renewing an existing tenancy, or negotiating a lease assignment, we ensure your legal position is clear and your commercial interests are safeguarded.
Our lease services include:
- Drafting new commercial leases for landlords
- Reviewing and negotiating lease terms on behalf of tenants
- Advising on the Landlord and Tenant Act 1954 and security of tenure rights
- Contracting out of the 1954 Act where appropriate
- Lease renewals and rent review negotiations
- Licence to assign, sublet, or alter premises
- Break clause advice and service
- Surrender of leases
The terms of a commercial lease can have a significant impact on your business for many years. Full repairing and insuring obligations, restrictive user clauses, and unfavourable rent review mechanisms are among the most common issues we help clients navigate. We ensure you understand every obligation before you commit, and we negotiate terms that give your business the flexibility it needs.
Commercial Property Development
If you are developing commercial property, whether converting existing premises, building new units, or undertaking a mixed-use development, our solicitors provide comprehensive legal support throughout the development process.
We advise on:
- Site acquisition and option agreements
- Planning permissions and conditions under the Town and Country Planning Act 1990
- Development finance and facility agreements
- Construction contracts and professional appointments
- Section 106 agreements and Community Infrastructure Levy (CIL)
- Pre-let and forward funding agreements
- Plot sales and development exit strategies
Our knowledge of the local planning landscape across Dartford, Orpington and Bexleyheath enables us to advise effectively on development opportunities and constraints in the areas we serve.
Commercial Property Disputes
A commercial property dispute is a legal disagreement between parties concerning business premises. Common disputes include dilapidation claims at lease end, contested lease renewals under the Landlord and Tenant Act 1954, boundary disagreements, breach of covenant, and rent review disputes. Resolution may involve negotiation, mediation, or court proceedings.
Our commercial property dispute solicitors have extensive experience resolving disagreements between landlords, tenants, developers, and neighbouring property owners. We always aim to resolve disputes as efficiently as possible, exploring negotiation and mediation before considering litigation.
We handle disputes relating to:
- Dilapidation claims and terminal schedules
- Contested lease renewals under Part II of the Landlord and Tenant Act 1954
- Forfeiture and relief from forfeiture
- Rent arrears recovery and enforcement
- Boundary and easement disputes
- Breach of covenant claims
- Party wall disputes
- Restrictive covenant disputes
- Trespass and nuisance claims
Why Choose T G Baynes for Commercial Property
There are many commercial property solicitors to choose from, but clients across Kent and South East London continue to choose T G Baynes for the following reasons:
- Specialist commercial property expertise: Our dedicated commercial property team handles transactions of all sizes, from small retail leases to substantial multi-site acquisitions. We are regulated by the Solicitors Regulation Authority (SRA), giving you the assurance of professional standards and client protection.
- Three convenient office locations: With offices in Bexleyheath, Dartford, and Orpington, we are accessible to businesses throughout Kent, Bromley, and the South East London area. Our local presence means we understand the commercial property landscape in the areas you operate.
- Clear and transparent fees: We provide detailed fee quotes at the outset, so you know exactly what to expect. There are no hidden charges or unexpected extras. We are happy to discuss our commercial property solicitor fees openly before you decide to instruct us.
- Responsive, personal service: You will work with a named solicitor who is available to take your calls and respond to your emails promptly. We pride ourselves on clear communication and keeping you updated without being asked.
- Decades of experience: T G Baynes has been serving businesses and individuals across Kent for over 50 years. Our commercial property solicitors bring extensive experience of the local market, local planning authorities, and the courts that serve our area.
- Connected legal services: Because we offer a full range of legal services, we can coordinate seamlessly with colleagues in dispute resolution, corporate law, and tax planning when your commercial property matter requires a multidisciplinary approach.
Frequently Asked Questions
What does a commercial property solicitor do?
A commercial property solicitor handles the legal aspects of buying, selling, leasing, and managing business premises. This includes conducting due diligence on the property title, negotiating contract terms, commissioning searches (local authority, environmental, drainage), drafting or reviewing lease agreements, managing Land Registry applications, and advising on Stamp Duty Land Tax obligations. Our commercial property solicitors at T G Baynes also advise on planning matters, property development, and dispute resolution.
Do I need a solicitor to buy commercial property?
Yes, we strongly recommend instructing a solicitor for any commercial property purchase. Unlike residential transactions, commercial purchases involve more extensive due diligence, including environmental liability assessments, existing tenancy reviews, and complex covenant analysis. The financial and legal risks of proceeding without specialist advice are substantial. A solicitor will protect your interests, identify potential issues before exchange, and ensure the transaction completes on proper legal terms.
Do I need a solicitor to rent a commercial property?
Yes. A commercial lease is a legally binding contract that will govern your occupation of the premises for the duration of the term, potentially 10, 15, or even 25 years. The lease will contain obligations regarding rent reviews, repairs, alterations, and permitted use that can have significant financial implications for your business. The Landlord and Tenant Act 1954 also provides important rights regarding lease renewal that you need to understand. A commercial lease solicitor will review the terms, negotiate improvements, and ensure you know exactly what you are committing to.
What is the difference between commercial and residential conveyancing?
Commercial conveyancing is typically more complex than residential conveyancing. Key differences include more extensive environmental due diligence, VAT considerations (commercial properties may be subject to VAT on the purchase price), different Stamp Duty Land Tax rates, more complex title structures, and the potential for existing tenancies to affect the property. Commercial leases are also substantially more detailed than residential tenancy agreements, with repair obligations, rent review mechanisms, and break clause conditions requiring careful legal analysis.
How long does commercial property conveyancing take?
A straightforward commercial property purchase typically takes between 6 and 12 weeks from instruction to completion. However, timescales can vary significantly depending on the complexity of the transaction. Factors that can extend the timeline include outstanding planning permissions, environmental contamination issues, complex title defects, multiple parties, and mortgage lender requirements. Lease transactions can sometimes be completed more quickly if the terms are agreed in advance, while development site purchases may take several months.
What stamp duty do I pay on commercial property?
Stamp Duty Land Tax (SDLT) applies to commercial property transactions in England. Current rates are: 0% on the first £150,000 of the purchase price, 2% on the portion between £150,001 and £250,000, and 5% on any amount above £250,000. Leasehold transactions have a separate SDLT calculation based on the net present value of the rent. SDLT must be filed and paid to HMRC within 14 days of completion. Our solicitors handle the SDLT return on your behalf as part of the conveyancing process.
Can a commercial property solicitor help with property disputes?
Yes. Our commercial property dispute solicitors handle a wide range of disagreements between landlords, tenants, and neighbouring property owners. We deal with dilapidation claims, contested lease renewals under the Landlord and Tenant Act 1954, forfeiture proceedings, rent arrears recovery, boundary disputes, and breach of covenant claims. We always aim to resolve disputes through negotiation or mediation where possible, but where court proceedings are necessary, we represent clients at Bromley County Court, Dartford County Court, and Bexley County Court.
What areas do your commercial property solicitors cover?
Our commercial property solicitors are based in three offices across Kent and South East London: Orpington, Bexleyheath, and Dartford. We advise clients throughout the surrounding areas including Bromley, Sidcup, Welling, Erith, Crayford, Greenwich, Lewisham, Gravesend, and the wider Kent region. We also act for clients with commercial property interests across England and Wales, and we are happy to conduct meetings by telephone or video call.
What searches are carried out during commercial conveyancing?
During commercial conveyancing, your solicitor will commission several property searches to identify potential issues. Standard searches include Local Authority searches (covering planning, building control, and highways), environmental searches (contaminated land and flood risk), drainage and water searches, and Land Registry searches. Depending on the property location and type, additional searches may be required for mining, chancel repair liability, and HS2. We advise on which searches are appropriate for your specific property.
Contact Our Commercial Property Solicitors
If you need expert commercial property legal advice, our solicitors are here to help. Whether you are buying, selling, leasing, or dealing with a property dispute, we offer clear guidance, transparent fees, and a responsive personal service.
Contact us today to discuss your commercial property matter. We offer initial consultations at any of our three offices or by telephone and video call.
Bexleyheath Office: 020 8301 7777
Orpington Office: 01689 886000
Alternatively, complete our online enquiry form or request a callback and a member of our commercial property team will contact you.