Commercial Property & Development

Thomson Snell & Passmore advise care home owners on sale of care home business in St Leonards-on-sea

We advised the owners on the sale of their residential care home in St Leonards-on-sea.

Thomson Snell & Passmore advise Colas Rail

Colas Rail is one of Europe’s leading suppliers of railway infrastructure services, and award-winning specialists in constructing and renewing all forms of railways.

Resolving conflicts concerning family assets

Our clients, two siblings, together with an estranged family member have inherited a Stud Farm in the West Country. The Farm is operated by a tenant. Our clients wish to see the Farm sold and there is a dispute with the other family member as the division of the proceeds of sale. Our clients issued proceedings in the High Court.  

Thomson Snell & Passmore advises on sale of franchise business

Thomson Snell & Passmore has advised Goldex Investments Limited, a major Costa Coffee franchisee in the UK

FORTEC Elektronik AG expands presence in the UK market

Leading South East law firm, Thomson Snell & Passmore, have advised FORTEC Elektronik AG as it consolidates plans to further strengthen its position in the UK data visualization sector.

Assisting our client in the building of a distillery.

We were instructed by our client to assist them in the building of a distillery making gin, vodka and English grain spirit.

Drafting construction documentation involving a multitude of contractors and consultants

We have been instructed by our client who is currently carrying out a major refurbishment of its London aparthotel.

Thomson Snell & Passmore advise on the purchase of a large proportion of a tenanted farm

Thomson Snell & Passmore were instructed by existing clients on the purchase of a large proportion of a tenanted farm in East Sussex.

Thomson Snell & Passmore advise farming enterprise

Gilbert Green was contacted by local agents to advise their farming client on an old option that had been granted several years ago to a local housebuilder.

Thomson Snell & Passmore advise the Chatham Maritime Trust

The Chatham Maritime Trust (‘CMT’) manages the Chatham Maritime Estate (‘the Estate’), one of the largest urban regeneration schemes in the country, for the benefit of the residents and businesses there.

The commercial property team advise on an Agricultural Holdings Act

Thomson Snell & Passmore were instructed via land agents to help resolve an issue with the surrender part of an Agricultural Holdings Act 1986 (AHA) tenancy agreement of land in an estate, and a sub-tenancy (FBT) under the Agricultural Tenancies Act 1995.

Brexit uncertainty brings extra considerations for commercial property deal

The commercial property team at Thomson Snell & Passmore has recently assisted a young farming couple with a move from one county to East Sussex.

Thomson Snell & Passmore advise on complex 70 acre farm

Thomson Snell & Passmore represent substantial farming partnership

We have since advised the partnership in the purchase of a large part of an estate adjacent to its existing farms over which the partnership had old and new tenancy agreements

The commercial property team advise on family trust

Thomson Snell & Passmore recently acted for a family trust in connection with the renegotiation of an earlier option and the conversion to a conditional contract.

Thomson Snell & Passmore advise on windfarm lease agreement

Thomsons Snell & Passmore are acting for a client in granting an option for lease over a wind farm on the client’s farmland.

Thomson Snell & Passmore advise on difficult promotion agreement

Thomson Snell & Passmore advised a landowner in connection with a long term promotion agreement which was exchanged in 2015 but which ran into difficulty.

The commercial property team, acted for a large educational institution in connection with a £15m sale of surplus land to a national housebuilder.

A complex transaction for many reasons.

Thomson Snell & Passmore acted for a family business in connection with a £13m sale of a large industrial warehouse to a nationwide housebuilder.

The sale was structured as a sale and lease back and certain commercial space was leased back to the seller by the housebuilder.

Thomson Snell & Passmore advise on complex commercial property deal

The transaction involved four sites to create a large mixed used development consisting of open market housing, affordable housing, retail and office space.

Thomson Snell & Passmore were recently instructed to act for a lender in connection with a loan of £24,000,000 to be with a gross development value of £43,000,000

The loan facility was being provided to a reputable developer in order to refinance an existing site and create a mixed use scheme of 239 residential homes and office space.

When time is of the essence!

The real estate finance team at Thomson Snell & Passmore led by Laura Keatley recently completed a loan facility from start to finish in just four days.

Acting for longstanding client motor trade dealer group

Thomson Snell & Passmore has acted for the Motorline Group, a long-standing client of the firm in respect of its recent acquisitions of various dealerships across the South East, South West and the Midlands. 

Securing the wealth of the next generation of a Kent farming family

Gilbert Green leads a multi-disciplinary team which has provided advice to a leading farming family on the sale of land for development, the purchase of new land and the efficient structuring of their existing holdings.

Sale of treasured family farm

Penelope Edgar acted on the sale of three lots of former agricultural land. The sale was both complex and sensitive as the family had grown up on the land and were sad to lose it.

Thomson Snell & Passmore completes sale of a mobile telephone retail franchise

Thomson Snell & Passmore has recently advised a seller on the sale of his mobile phone retail business.

Baumit's expansion into the UK

Leading South East law firm Thomson Snell & Passmore LLP advised Austrian company Baumit on its expansion into the UK, which involved the leasehold acquisition of a 30,000sq ft industrial building in Aylesford by a subsidiary company and the creation of 25 jobs.

Acting for a bespoke property finance firm

We act for a bespoke property finance firm lending mezzanine funding to established developers both locally and nationally.  Our client provides funds to developers by making loans or by entering into joint venture arrangements.

Advising a leading European bank

Advising a leading European bank in respect of a new loan facility of circa £10 million to be secured over a portfolio of 89 residential investment properties. 

Appointed to the panel of Titlestone Property Lending Limited

In November 2013 we were appointed to the panel of Titlestone Property Lending Limited.

Appointed to the panel of Close Property Finance Limited

In September 2013, we were appointed to the panel of Close Property Finance Limited

Advising a leading investment bank

Advising a leading investment bank in respect of a loan facility of £5 million to assist with the acquisition and permitted development conversion of redundant office space to residential flats in Yorkshire.

Advising a leading property finance lender

Advising a leading property finance lender in respect of a loan facility of £21 million to assist a well known developer acquire six connected properties for potential redevelopment for a sum of £30 million.

Advising North Kent Community Church

Advising North Kent Community Church (now known as Eastgate Church) in connection with the development and financing of a new place of worship and community facility as part of a residential development in the Thames Gateway in Kent.

Advising a national charity

Advising a national charity which supports adults who have suffered abuse in childhood.

Advising Pancreatic Cancer UK

Advising Pancreatic Cancer UK, a national cancer charity who that required property advice in quick succession with the taking of two a new short term leases within their its head office building and the grant of a further licence for alterations within their offices. 

Helping a client to incorporate solar into their farm

Our client, the farmer, was looking to make two key changes to his farm. He wanted to build over part of the land to create a solar farm and sell off another part of the farm for development.

Helping a farming company negotiate a disposal of land to a national housebuilder

Our client, a family farming company, owned land on the edge of a town earmarked for possible expansion.  We were called in by the company’s land agents to advise on terms proposed by a national housebuilder for an option to acquire the land, involving long term promotion through the plan process.  

Helping a trust to sell their farmland to a house builder for ongoing return

Our client, a family trust, needed to sell their farmland as a way to generate much needed income for the beneficiaries. We helped the trust to negotiate the sale of former farmland to a national house builder for residential development.

Helping a trust to prepare their agriculture land for residential development and secure a sale

This client story involves one of our longstanding clients; a Trust of which Gilbert Green is a Trustee.  Our client was able to gain from our knowledge of them, the site and our experience in negotiating planning agreements and dealing with national house builders.

Promoting farm land to national house builder

We acted for two farming families with adjoining holdings in the negotiation and exchange of a long term option to a national house builder to promote the joint site for residential development.

A developer wanting to promote land for a large residential development

An elderly couple and their company, were approached by a developer wanting to promote their land for a large residential development.

Acting for Eastgate Church

Our commercial property team were delighted to act for Eastgate Church on its relocation to a new site in Springhead Parkway in the Ebbsfleet Valley. Springhead Park is a joint venture development by Countryside Properties and Land Securities.  

Young couple taking over the farming family business

We have recently helped a young couple who have taken over the farming business set up many years ago by the husband’s family in East Sussex.

Acting for growing restaurant chain, Sticks’ n ‘ Sushi

Since January 2015 our commercial property team, (with input from our construction team), have been acting for restaurant chain, Sticks’ n’ Sushi UK Limited (SnS). SnS have a strong base of 9 restaurants in Denmark, and are moving steadily into the UK lucrative but highly competitive restaurant market.

FOSFA Dispute

James Cradick acted on behalf of a leading German manufacturer and processor of sunflower seed oil in a dispute with one of the worlds largest commodity traders. The client’s were purchasers.

Minimum Energy Efficiency Standards – Raising the Bar

With the current spotlight on climate change and the Government’s commitment in its 2017 Clean Growth Strategy to help businesses reduce energy use by at least 20% by 2030, it is hardly surprising that attention is once again focusing on the energy efficiency of buildings.

The Debenhams CVA

Among pages of stories about the death of the high street, it’s the company voluntary arrangements (CVAs) entered into by the big retailers that have drawn the most attention. One of the biggest of these, the Debenhams CVA, has just come before the High Court, with landlords challenging the CVA on five grounds:

Structured for security

In a recent article for RICS’ Property Journal, Matthew Grogan explores the key points parties entering into a joint venture need to consider when it comes to securing finance. 

Fly-tipping

The problem of fly-tipping has been around for centuries.  With the progression of an industrial and consumer-led society, we have found that our need for waste disposal services has increased exponentially to a point which is becoming more and more difficult to satisfy.

A New Deal for Renting – The End of Section 21?

In April this year, the Government announced its intention to end no fault evictions. With the consultation now published, the details of those proposals are now beginning to take shape.

Thomson Snell & Passmore advise Motorline on Audi double deal

Leading South East law firm, Thomson Snell & Passmore, has assisted the Motorline Group with a double acquisition as it increases its Audi portfolio with the purchase of the Maidstone and Tunbridge Wells Audi businesses from Inchcape.

Thomson Snell & Passmore acts on ingredients firm deal

South East law firm Thomson Snell & Passmore has advised on the sale of Henley Bridge Ingredients (HBI).

Building Regulations, is there anything you can do if it goes wrong?

The Building Regulations 2010 came into force on 1 October 2010 and they set the standard for the design, construction and alteration of virtually every building, whether it be commercial or residential.

Reduced rents and imposed agreements – Landowners concerned about new cases under the Electronic Communications Code

It has been almost 18 months since the new Electronic Communications Code (Code) came into effect. In the past, the siting of telecoms equipment on land and rooftops provided a useful additional income stream for many landowners, with minimal interruption and disturbance.

Tackling unfair practices in the leasehold market – the proposed legislation

In December 2017 the Government announced it would turn its attention to tackling what it described as ‘unfair practices’ in the leasehold market. A range of  measures were announced to make the leasehold market a more transparent system for homeowners, aimed at eradicating ‘onerous’ ground rents, eliminating disproportionate costs to extend leases and, with certain unspecified exceptions, the abolition of new residential long leaseholds for almost all new build houses. 

Avoiding a refinancing pitfall

The impact of the decision in Tiuta International v De Villiers Surveyors [2017] UKSC 77 is still being considered across the lending industry.  

To register or not to register

It has for some time been compulsory to register your property following a sale or mortgage, but if you have owned a property for many years it may remain unregistered.   

A brief guide to HMO licensing

Where any residential property in England or Wales is occupied by more than one household you need to consider whether it is a house in multiple occupation (HMO) that needs to be licensed under the Housing Act 2004. This Act seeks to improve the safety and management of residential buildings let by private landlords through its licensing scheme.

Case Analysis – Persimmon Homes Ltd v Hillier (Court of Appeal Decision)

Court of Appeal upholds High Court decision to rectify sale documents governing a sale of development land and order property developers to pay damages to major housebuilding company.

A right to use a golf course, swimming pool and leisure facilities is capable of being an easement

In the last year, the Supreme Court has confirmed the existence of a new type of easement: an easement to use leisure facilities on adjoining land, forever, and at no charge. It is not often that new law is made but the case of Regency Villas Title Ltd and others v Diamond Resorts (Europe) Ltd [2018] UKSC 57 is one of those rare examples.

Disability access and what the Equality Act 2010 (Amendment) (Disability Access) Bill means for me

The aim of the Bill is to amend the Equality Act 2010 (the Act) in order to improve access to public buildings. It intends to achieve this by stipulating that the duty to take "reasonable steps" to adjust buildings will require building owners to introduce a ramp in substitution for single step access. The Bill proposes that this obligation would initially apply to steps of less than six-inches in height with provision made for the obligation to extend to steps up to 12-inches in height at a later date.  This would enable 800,000 wheelchair users to have step-free access to 70,000 shops and public buildings to which they are currently denied access at the moment.

Do I stay or do I go?

If your commercial lease is coming to an end then the first decision you have to make is whether or not to renew it. This article considers some of the options available to a tenant and the pitfalls that need to be avoided.

Thomson Snell & Passmore has advised ballroom dance partnership

Chrisanne Clover has joined forces with Karen Hardy Dance Studios – headed by its former Strictly Come Dancing Star namesake.  

MIPIM 2019

We will be at MIPIM 2019, the world's largest property expo between 12-15 March with representatives from all of our property teams.

Drones - The higher you fly... The thinner the air... The thicker the rules

The news that drones have been sighted over Gatwick runways and caused severe disruption to the airport and passengers, is the latest in a series of incidents of irresponsible handling and use of drones. 

Taking on a commercial lease for your business?

Entering into a business premises lease can be daunting. It is important for tenants to consider at the outset what provisions the lease will cover and what they will be agreeing to.   

How to sell a business, part 6 of 10: Managing Property Issues

If you are selling a business that uses commercial premises then the property aspects of the sale will be very important to a prospective buyer.

Stamp Duty Land Tax (SDLT) Update - are you ready for 1 March 2019?

Read more for an update on Stamp Duty Land Tax (SDLT) in relation to the changes that will come into effect next spring.

Injunctions issued by Local Authorities – how to respond

One of the most common reasons that a local authority serves an injunction on what appears to be vacant land, is in order to prevent the unauthorised development of the land that it believes may occur, particularly on land in a sensitive location or which has a special designation

Negotiating commercial property terms

You have found the perfect premises for your business - be it office space, an industrial unit or a shop.  Whilst some businesses will purchase their premises, the next step for you like the majority of other businesses, will be to take a lease and a number of aspects must be considered when negotiating the terms.

Are you an aspiring property developer or buy-to-let landlord?

This article sets out 20 pieces of information for future property developers and buy-to-let landlords in their 20s thinking of starting out a career in property management and/or development from both a legal and practical perspective. 

Thomson Snell & Passmore - Deepak Gupta

Partner appointment bolsters commercial property offering

For your business - October 2018

As a firm, we take pride in being a constant in a changing world. We hope this collection of articles will be helpful and provide food for thought on a number of topics. 

A ‘once and for all’ breach when an AST landlord fails to provide a Gas Safety Certificate?

An Assured Shorthold Tenancy (AST) is the standard form of tenancy where a residential property is rented as a separate dwelling and the tenant, or at least one joint tenant, is to use it as their principal home. 

Thomson Snell & Passmore’s, Penelope Edgar, achieves her ALA Fellowship

Leading South East Law firm, Thomson Snell & Passmore, is pleased to announce that Senior Associate, Penelope Edgar, has achieved her certificate to become part of the Agricultural Law Association (ALA) Fellowship. To date, there are 144 ALA Fellows, and further to Penelope’s recent addition, there are only four other Fellows based in the Kent and Sussex area.  

Changes for landlords

Joanne Wright and Nicole Priestley from our commercial property answer some questions on new legislation and changes for commercial property owners and tenants

Motorline takes over Hyundai digital stores

Leading South East law firm, Thomson Snell & Passmore, have assisted the Motorline Group in taking over the full operation of the Hyundai digital stores in Bluewater and Westfield Stratford from Rockar. Motorline have also taken over the Hyundai Aftersales Centre in Dartford.

Restrictive covenants – development considerations

Delays in the planning process are often cited as a hindrance to development. However, people tend to be less aware of the problems, cost and delays that can be caused by often outdated historic restrictive covenants affecting land. The government desires increased housebuilding on brownfield sites, and Sadiq Khan recently announced that thousands of homes will be built on small sites across London, including gardens and end-of-terrace plots.

FAQ: Frequently asked questions from across the practice

Every month we answer frequently asked questions from across the practice and bring them together to help bring clarity to your legal needs. Each of the sections below lead off to a more comprehensive bank of information.

Alisa Sweeney works with Sticks ‘n’ Sushi to secure Nova Victoria Site

Alisa Sweeney from the Commercial Property Team have been delighted to work with restaurant operator, Sticks ‘n’ Sushi, to secure a new site at London’s prestigious Nova Victoria.

Payment Schedules – beware of overruns, they could ruin your (financial) health

In any construction project, payment will be one of the most important aspects (for some the most important) whether you are the one paying or being paid. The consequences getting the amount or the timing wrong, or not providing for delays to completion of the project in terms of agreed payment schedules, can have a very serious and expensive effect

Electronic signatures – the final flourish of the fountain pen?

The question that is increasingly being asked in a digital age where documents are emailed between parties is whether electronic signatures can be used or do we still need that pen to provide a “wet ink” signature on a paper copy of the document?

Three panel wins for Thomson Snell & Passmore’s enterprising property practice

Leading South East law firm, Thomson Snell & Passmore, is pleased to announce that their Commercial Property team has been appointed to three significant panels, Commercial Acceptances Limited – part of the Close Brothers Group; Charity Bank – the ethical bank that lends to charities and social enterprises and Paratus AMC Ltd a specialist lender in the buy to let market.

Electronic Communications Code

The Electronic Communications Code regulates the relationship between landowners and network operators in relation to the installation and maintenance of telecoms infrastructure. The Code came into force in 1984 and over the years it has slowly evolved, but it has not kept pace with developments in technology. It has been decided that the Code needs an overhaul and the Digital Economy Act 2017 contains a new version of the Code, which should be brought into force by statutory instrument later this year. The new Code is not retrospective and will only govern new telecommunication equipment agreements entered into after it comes into force.

Commercial Property Team of the Year 2017 from Solicitors Journal

Thomsons Snell & Passmore are proud to announce that we have been awarded Commercial Property Team of the Year for 2017.

Rent Concession Side Letters Come Under The Spotlight

The recent High Court case of Vivienne Westwood Limited v Conduit Street Developments Limited has highlighted care should be taken when entering into rent concession side letters.

Consumer Code for Home Builders (4th edition)

The fourth edition of the Consumer Code for Home Builders (the Code) came into effect for reservations signed on or after 1 April 2017.

Affordable Workspace

The Greater London Authority and some London boroughs are considering implementing an “Affordable Workspace” policy. This is similar to affordable housing policies, where developments will need to provide a certain amount of workspace for small businesses, particularly focussed on creative industries and start-ups. The aim is to increase economic diversity and foster innovation.

Planning law: shifting foundations

As the government accelerates planning reforms, solicitors are tailoring their services to accommodate what are often contentious changes.

Selling or letting property – a warning against misrepresentation

Selling or letting property – a warning against misrepresentation

Farm inspection visits

Farm inspection visits

The wider benefits of warehouse developments

Proposals for large scale warehouse developments in the UK continue to attract interest from developers and third party tenant occupiers, with recent commercial property surveyors’ industrial sector reports showing that there is increasing demand for warehousing floor space across the UK.

Revaluation of business rates from 1 April 2017

Revaluation of business rates from 1 April 2017 - its impact on landlords and their liability to pay statutory compensation on termination of a business tenancy

UK fracking go-ahead boosts shale gas industry

Sarah Easton, Partner from our Commercial Property & Development team speaks to the Financial Times about the recent gas industry victory after the government overturned local council objections to a fracking scheme in Lancashire, which in turn clears the way for the first exploration since an earthquake halted drilling five years ago.

Brexit: what are the implications?

When the news broke about Brexit on 24th June 2016, our expert lawyers each wrote a round up of the implications that could potentially you and your business.

South East local business community discusses importance of infrastructure for the region

Local South East business leaders recently debated the critical role transport infrastructure plays in unlocking the potential of Thames Gateway and the wider South East region.

Brexit: House builders insist property 'remains a great investment' as share prices continue to fall

Laura Keatley, senior associate from our commercial property team speaks to Kent Business and comments on whether property is still a great investment as share prices continue to fall as a result of Brexit.

Brexit - there is a great deal to think about

Senior Partner, James Partridge speaks to the Times of Tunbridge Wells and describes the impact that the Leave vote will have on businesses and looks at five key areas including commercial contracts, dispute resolution, employment, commercial property and data protection.  

Brexit - what are the implications?

Following the much awaited UK referendum outcome, we have been thinking about what a Leave vote could mean and, set out below, are articles with our first thoughts.

Brexit and commercial property implications

We finally know the result of the Brexit referendum but what does that mean for the UK real estate market. 

FAQ: Commerical Property

Q. I have a lease of a flat that now has less than 70 years left to run.  I have read that I might have trouble selling or getting a mortgage.  Can I extend my lease?

The legal week in 60 seconds

The Solicitors Journal reports on Thomson Snell & Passmore's recent significant promotions within the firm.

A right to light

A right to light can be described as a right to enjoy the natural light that passes over someone else’s land, and into a building through openings such as windows, skylights or glass roofs. If you are reading this inside with the benefit of natural light, your building may benefit from a right to light. Consider whether you would have the same light if your neighbour built an extension, redeveloped their land into a housing estate or if a skyscraper was built down the road?

Sign at your own risk!

Warnings have been issued for Monday as February provides us with an extra day this leap year. Signing contracts or completing property transactions which refer to anniversaries of the date of agreement, could leave you waiting for a very long time.

Thomson Snell & Passmore acts for Mortgages for Businesses on move to offices at Kings Hill

Commercial Property Team advised independent mortgage broker, Mortgages for Business, in connection with its move to Kings Hill at West Malling.

Fracking

Fracking is much talked about but is it the answer to the future for energy production?

Closure in the UK food and beverage sector and the impact on commercial property

The food and beverage sector has often been viewed as the darling of the retail property world but now the director of the Local Data Company, Matthew Hopkinson, has voiced concerns that the growth in this sector in the UK is unsustainable and huge closures are to be expected in the restaurant field in the next 15 months.

Thomson Snell & Passmore completes sale of shares in industrial tyre business

Thomson Snell & Passmore’s corporate team has advised new clients in connection with the sale of their family business for an undisclosed sum to a US buyer.

Mean what you say – the Supreme Court case of Arnold v Britton

Contractual disputes often involve a disagreement about what the parties intended to say and whether the contract reflects that intention. The Supreme Court decision in Arnold v Britton provides a reminder that the courts will not necessarily step in and allow commercial common sense to prevail over the language in the contract.

Law firm says its growth is organic

Local newspaper, Kentish Gazette (Canterbury) shares and insight into our organic growth. First published July 2015.

The Department for Communities and Local Government (DCLG) is consulting on plans to allow retailers to alter properties to cater for “click and collect” services without the need for new planning consent.

VAT and the option to tax commercial property

By Laura Keatley, Partner in the Commercial Property & Development team.

Agricultural Permitted Development Rights

Agricultural Property Relief

Asbestos Regulations 2012

Assets of community value

Break clause in leases - exercising a break option

Business Property Relief

Business rates reliefs

Buying at auction

Capital allowances

Chancel repair liability – an update

Chattels and fixtures

Commercial Leases - A Landlord's Guide

Commercial leases - a Tenant's Guide

Electronic signatures

Energy Performance Certificates for Commercial Property (EPC)

Energy Performance Certificates for Residential (EPC)

Forming a new company limited by guarantee

Forming a new company limited by shares

International Property Measurement Standards

Japanese Knotweed

Landlord & Tenant Act 1954

Landlord's release from lease obligations

Manorial rights - mines and minerals

Minimum Energy Efficiency Standards (MEES) - Overview of issues for commercial leases

Minimum Energy Efficiency Standards (MEES) - Overview of issues for residential leases

Mixed Use Investments – Traps for the unwary

Property management companies: directors' duties and responsibilities

Real Estate Investment Trusts

Rent review – expert or arbitrator?

Septic tanks and small sewages discharges

The Regulatory Reform (Fire Safety) Order 2005

The future of flood insurance

Town and village greens

Transfer of private sewers to water and sewerage companies

Utility companies and rights over third party land

What is TUPE and how will it apply to a property transaction?

What is an improvement?