Leading Lawyers in Healthcare Real Estate
Blake Morgan is an expert in all aspects of healthcare real estate, with many decades of experience in assisting the NHS in England and Wales to manage all property related issues.
From our five offices, our Healthcare Real Estate team consists of experts in property, construction, planning and property litigation. The team is intimately acquainted with both the routine transfers and audits of property portfolios as well as innovative and imaginative acquisition and disposal schemes, development projects and joint ventures.
We fully understand the internal and external pressures faced by the NHS in England and Wales, meaning our clients are offered advice and assistance in delivering value.
Main Areas Of Practice
Our team of healthcare real estate solicitors are highly experienced in:
Disposal of Surplus Assets
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.
Primary Care Development
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.
Sale and Leasebacks
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.
Our team of healthcare real estate solicitors advise and act for public sector clients, private sector developers as well as funders and portfolio clients and are recognised in both the Chambers and Legal 500 directories.
"Having taken the role as Head of Property for RNIB, I decided to continue to use Blake Morgan solicitors – they had provided legal support to the organisation in all property matters for a number of years before that. The support given to me by James and his team as I established my role, was exemplary. They fully understood how RNIB worked, provided clear, pragmatic and timely advice consistently, and were always available to discuss ideas and ad hoc issues. I can only offer the highest praise to James and his team for the support provided to me and RNIB."
- Sean Owen, Head of Property at RNIB
"We worked with James and one of his clients who were struggling to refinance their high interest commercial loan on a large property portfolio. The transaction wasn’t without its challenges but James and the team at Blake Morgan were a huge asset throughout, managing both the client’s and lender’s concerns and expectations from the outset, and were able to work within the strict timelines required."
- Tom Lee, Head of Structured Finance at Pure Commercial Finance.
Our expert team advised NHS Wales on the £9m+ sale of the Former West Wing, Cardiff Royal Infirmary for the development of 640+ student apartments. This was a complex deal which drew on the expertise of lawyers across the firm to advise on a range of matters, including negotiating the Heads of Terms, securing vacant possession and perfecting title, drafting a conditional contract, drafting a complex price mechanism and drafting environmental provisions acceptable to both the NHS and the buyer.
Acting for a GP practice assisting with the procurement of the development of a new, multi-occupied primary care facility in Brynhyfryd, Swansea. Work involved carrying out all due diligence, the negotiation of the development agreements for lease and leases, dealing with all construction elements including the negotiation of the form of building contract, appointments and warranties, and developing a shared maintenance agreement to document the management of the building post-completion.
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