Practice Areas & Industries: Withers Bergman LLP


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Practice/Industry Group Overview

Our clients include entrepreneurs, investors, developers, landowners, borrowers, banks, institutions and charities. We act for private investors, developers and entrepreneurs including names from The Sunday Times ‘Rich List' in the UK and family trusts.

We advise non-profit institutions including Great Ormond St Children's Charity and Yale University as well as high-profile brands such as fashion designers MaxMara and Moschino.

With the influx of international private wealth into the UK commercial property market in recent years, we have seen the private investor competing with the major institutional funds for investment opportunities. We cater for the particular needs of those private investors including tax efficient structuring and the level of private client services they demand.

We have a great deal of experience on the sale and purchase of investment properties and portfolios, development deals, financing and the global hotel/resort and retail sectors. Our particular strength is structuring cross-border property deals tax effectively.

As part of a global practice, we are adept at project managing cross-border transactions, so we are able to assist clients with domestic and international real estate interests. Our Real Estate litigation team also helps clients protect the value of their investments.

Recent work

  • Acted for purchase of tenant's interest in 85 year ground lease of 200,000 square foot mixed use, retail, office and parking complex.
  • Represented acquirer of 18 properties in a federal foreclosure action and related consensual agreements with defaulting borrower.
  • Represented seller of fourth generation, family-owned pharmacy and durable medical equipment business to national chain retailer/operator, including restrictive covenants on strategic real estate in connection with non-competition agreements.
  • Handled all legal work for portfolio of over 700 apartments and 65 retail spaces in scatter-site mixed use urban project, including zoning, property management, building code, permitting, lead paint, leasing, easements and other issues.
  • Managed $300 Million annual construction program for major academic institution, all related construction, design, permitting, due diligence and environmental issues.
  • Represented major donor for new public museum in New York State and joint venture financing and construction agreements with various public and private participants.
  • Represented major university endowment in direct and indirect investment into real estate through fee purchases, REIT interests, limited partnership investments, including structuring of various funds of $100 Million or greater size with for and not-for-profit investors.
  • Represented seller of beachfront residential parcel in the Hamptons, New York; one of the highest residential sale prices recorded to date; included creation of conservation easements and relocations of historic properties.
  • Negotiated anchor tenant lease with gourmet grocer for REIT owner of new shopping center in Virginia.
  • Represented a consulting firm, that advises on energy efficiency and environmentally-responsible design and construction, in negotiating leases for office space in New York City and Kansas City, MO. 
  • Acting for McCabe Builders (UK) Limited in relation to significant residential developments in north London and on Clapham Common.
  • Acting for Soho House in the structuring of its first US expansion, in Manhattan, including construction and financing.
  • Acting for private bank C Hoare & Co in relation to its own development proposals.
  • Acquiring a mixed portfolio of office, industrial and warehouse units worth over £20m ($40m) for The Paul Hamlyn Foundation, and a mixed commercial portfolio of a similar size for an anonymous Rich List investor.
  • Acting for The Grocers Company, a UK non-profit institution, in the purchase of a central London property to add to its investment portfolio.
  • The formation of a master LLC (limited liability company) vehicle to buy, build, own and occupy a state-of-the-art medical office building in the US and the negotiation of construction and permanent financing, and all the leases.

Articles Authored by Lawyers at this office:

Lettings Update
Paul Brecknell, June 23, 2016
Three interesting updates from the world of lettings.

A Brief Summary of Landlord and Tenant Act 1987
Paul Brecknell, June 09, 2016
The Landlord and Tenant Act 1987 provides that any landlord wishing to dispose of his interest in a building containing two or more flats must first offer its interest to the 'qualifying tenants' ie, broadly speaking, the tenants with long leases. If the landlord fails to do so, he will be...

Rating Revaluation
Paul Brecknell, June 09, 2016
The Valuation Office Agency ('VOA') is recalculating business rates. The new rates will be payable from 1 April 2017, based on rents in 1 April 2015.

Rights of First Refusal under the Landlord and Tenant Act 1987
Eloise Morgan, June 09, 2016
Part 1 of the Landlord and Tenant Act 1987 applies to premises which consist of the whole of or part of a building. It provides that any landlord wishing to dispose of his interest in a building containing two or more flats must first offer the interest to 'qualifying tenants'. If the tenants do...

AIM - The Market for International Companies
David Guin,Anthony Indaimo,Alan S. Jacobs,Ben Simpson, April 28, 2016
The AIM market (‘AIM’) of the London Stock Exchange plc (the ‘Exchange’) is targeted at growing international companies. AIM is an ideal public market for growing and entrepreneurial international businesses seeking to expand and raise their global profile.

What is a 'Penalty'?
Paul Brecknell, January 20, 2016
When you leave your car parked in a private car park for a few minutes longer than the permitted time, you may not expect a hefty financial penalty. Nor, for that matter, would you expect it to cause seven law lords to consider in a judgement of 123 pages the principles applying to the law of...

Health and Safety at Your Door Step
Suriya Edwards, January 19, 2016
If you need to appoint someone to undertake works at home then the Construction (Design and Management) Regulations 2015 (CDM 2015) which came into force on 6 April 2015 will apply to you. The previous regulations applied principally to commercial projects, but now apply to the projects of domestic...

Regulating Deregulation: Changes to Obtaining Possession of Assured Shorthold Tenancies
Eloise Morgan, January 19, 2016
Provisions of the Deregulation Act came into force on 1 October 2015, and have made some comprehensive changes to the procedure for obtaining possession under section 21 of the Housing Act 1988 (as amended). Serving a section 21 notice requiring possession allows landlords of Assured Shorthold...

VAT: The Hidden Cost in Residential Service Charges
Graham Elliott, January 19, 2016
Not all VAT related cases come before a tax tribunal. In the case of Janine Ingram the issue was one of ‘Landlord and Tenant’ law, which just so happened to involve VAT.