Leading Lawyers in Healthcare Real Estate

Certain aspects of NHS estate management requires significant strategic planning to achieve best value, whether it is delaying the capital receipt, negotiating contract terms around an anticipated date of closure or achieving politically driven timescales. We play a valuable role within disposal teams which take forward projects that may not come to fruition for some years.

The team advises on acquisitions of sites for the development of hospitals, HQ buildings and Emergency Services Centres. Advice includes building contract formation, negotiation of warranties, sub-contractor warranties and consultant appointments as well as development agreements and subsequent lease arrangements where applicable.

We handle all aspects of asset management for clients including the grant of leases (whether acting for landlords or tenants) of GP surgeries, offices, retails units and warehouses with all ancillary documentation including advice on lease renewals, dilapidations, rent reviews, rent and service charge disputes, break notices and trespassers.

We advise on the procurement and development of modern primary care facilities in England and Wales, acting for primary care developers as well as stakeholder tenants such as NHS organisations and GP practices. We have also advised NHS Wales in the development of a standard form of primary care development documentation which is adopted in third party development schemes in Wales.

We are increasingly advising GP practices on the sale and leaseback of their surgery buildings to healthcare investors. The nature of such transactions means the work not only involves handling the sale contracts and letting documents with the purchaser, but also liaising with the NHS to obtain formal approval of the transaction.

We regularly advise GP practices on the transfer of freehold and leasehold properties following the resignation or retirement of partners or the handing back of the GMS contract. Work invariably involves dealing with the NHS primary care teams, landlords and their solicitors, and banks which have charges secured against partnership property.

We provide expert advice on construction disputes and negotiation for stand-alone and complex property agreements. We also advise on procurement strategy advice including contract choice, building contract drafting, consultant appointments, collateral warranties, performance bonds, parent company guarantees as well as contract management advice as and when issues arise.

Our Property Litigation team is an integral part of our healthcare real estate service and works collaboratively with transactional colleagues on a day-to-day basis. As part of this, members of the team are involved in the drafting of documents and agreements where it is recognised that difficult issues may arise at a later date.

Our expert Healthcare Real Estate team is recognised as having a growing expertise in this sector and acts for care home developers in buying, constructing and selling care facilities providing all kinds of care across England and Wales.

Our lawyers have cutting-edge experience of a range of alternative public-private partnership models which source alternative types of finance (from e.g. the private sector, social enterprise/third sector and from income generation or savings) and which involve the provider sharing the risk with the public sector and being paid according to how well they deliver the required facility or services.