Property

We cover all aspects of property management matters in our work, including the preparation, negotiation, and completion of agreements for lease, leases, surrenders and re-grants, lease renewals, rent deposit deeds plus all related management licenses and associated documentation.

Our knowledgeable team has the technical ability to assist our developer clients, particularly in relation to the construction of commercial sites. This involves leasing strategies, common parts management, and service charge regimes. Our aim is to develop an in-depth understanding of your business operations and management structures so we can help you to identify any areas for improvement, including ways to minimise your exposure to risk.

Our services to tenants include providing advice on lease obligations during the term, as well as after the term ends. We also advise on all aspects of landlord and tenant law covering service charge recovery, alterations, dilapidations, consent to assign and underlet, preservation of covenant strength, authorised guarantee agreements, the exercise of break notices and the contracting out procedures under the 1954 Act.

But we are here to guide you seamlessly through these challenges, using our experience of dealing with mainstream banks and building societies, private banks, short-term and bridging lenders, development funders, and private lenders as a point of reference.

We have a large amount of experience advising borrowers, including substantial commercial landowners, developers, property funds and businesses in relation to secured borrowings.

Whether it is a refinancing project, debt restructuring or the acquisition of commercial and residential properties, ground rent investments or development projects, our expert team is available to support you throughout.

Our partner-led approach provides a versatile range of tools to help tailor a specialist service dedicated to you, focused on achieving your specific commercial goals in a timely and cost-effective way.

We can also carry out the legal due diligence and register the security at Companies House and Land Registry following completion.

We can act on behalf of lenders – the law governing the lending of money by private individuals is complex, but we have the know-how to lead you through the minefield.

Alternatively, overage agreements protect owners where land is sold without any immediate development potential, such as agricultural land, but there is the possibility of development in the long term.

These agreements entitle the landowner to receive an agreed percentage share of the increase in the value of the land as the result of any such planning permission.

Our residential conveyancing department contains highly-qualified Solicitors and Conveyancers across our two offices. The team’s wide-ranging experience, coupled with extensive knowledge of the local area, makes them an unrivalled choice in dealing with every eventuality when buying and selling property in Essex and beyond.

We are accredited by the Conveyancing Quality Scheme, a recognised quality standard for residential conveyancing practices. All members of our Residential Conveyancing department undergo regular rigorous assessment, to maintain the CQS accreditation, which is widely recognised by lenders and insurers.

We aim to provide an efficient and diligent service to all clients, whether they are buying their first home, extending a property investment portfolio or dealing with refinancing. Whilst embracing advances in Conveyancing practices and technology, we also place great emphasis on providing a bespoke service to all of our clients.

We recognise that each transaction is different, just as the needs of each of our clients are too. We make sure to tailor our services to each individual’s needs, meaning that every client can be assured of a highly tailored and quality conveyancing service they can rely on.

Our wealth of experience over many decades representing large portfolio freehold investors across the country has enabled us to forge strong, lasting relationships with leading leasehold valuers.

When acting on behalf of landlords, we know that a commercial approach is key to maximising the value of their assets when they are presented with an Initial Notice. This relates to the external common parts of the building as well as the roof voids/rooftops, which provide freeholders with an additional area of monetary value.

Tolhurst Fisher also has the experience of acting for individuals and buy-to-let property investors in leasehold enfranchisement claims. We believe the first-hand experience, expertise, and insight gained from acting for freeholders is the key to being well versed when working with leaseholders.

Our team have knowledge from both sides of the market and are here to match our expertise with your desired outcomes.

We have a great deal of experience acting for large portfolio freehold investors across the country, whilst cultivating strong relationships with leading leasehold valuers.

When acting for freeholders, we are aware of their goals and always strive to put informal agreements in place. Maintaining a modern ground rent with upward reviews is vital to this approach, as it means we can help to maximise the value of the freehold even after a lease extension has taken place.

Tolhurst Fisher also has the experience of acting for individuals and buy-to-let property investors in lease extension claims.

Whilst the statutory process offers maximum protection for leaseholders when extending a lease, informal agreements can also be useful for the purposes of an onward sale or remortgage.

With our dual expertise, Tolhurst Fisher offers you a truly unique approach in acting for both freeholders and leaseholders.

Within this niche, we keep on top of recent Tribunal decisions, advising our freeholder clients of the best strategies and agreements for them to put in place to protect their assets.

Our experience has taught us that right from the beginning of a rooftop development, there are strict governing legislations. Consequently, our specialist team will identify these legislations and guide you through any potential pitfalls whilst offering advice on how to maintain good public relations with the leaseholders.