Fernham Homes transforms former NatWest Bank into new offices for itself and a contemporary coworking space ‘In The Bank’

When longstanding developer client Fernham Homes acquired a former NatWest Bank in West Malling to restore and repurpose as its own offices, with space to grow, there was naturally an element of surplus space beyond its immediate needs.  Recognising the growing demand for flexible workspace in a post-Covid environment, Fernham Homes chose to refurbish the additional space into a community coworking hub called ‘In The Bank’,  providing desks, private offices and meeting rooms for hire by local businesses and residents.

Having acquired example paperwork for short-term desk and room hire, Fernham Homes contacted trusted adviser Sarah Easton, Real Estate Partner in our development team, to assess whether the paperwork was suitable for use by Fernham Homes in-house. Sarah introduced Fernham Homes to Alex Lewsley, Real Estate Partner in our portfolio asset management team, which handles lettings and similar matters, for further advice.

Alex commented: “We recognise that it is not proportionate from a cost perspective to instruct solicitors for short-term desk or room bookings, but that does not mean that there are no legal risks – particularly if the client has future owner-occupation plans. For example, if a licence is later construed as actually being a lease, there is a risk that customers could acquire security of tenure rights under the Landlord and Tenant Act 1954. This could prejudice the client’s ability to recover vacant possession in the future and may also bind successors in title”.

To enable Fernham Homes to manage the hiring of coworking facilities in-house while mitigating those risks, Alex provided a tailored support package that included:

• Face-to-face training on key risks relating to the Landlord and Tenant Act 1954
• A documentation strategy for private offices, depending on customer needs and term length
• Pro forma suites of documentation aligned with the strategy
• Guidance on correct use of documentation
• A review of website content to ensure alignment with legal intent
• Ongoing support for queries arising during implementation.

The ‘In The Bank’ space was launched in February 2024, was fully occupied by June 2024 and has remained fully occupied with a number of the members renewing and upscaling the space they use.

We were pleased to see ‘In The Bank’ subsequently mentioned twice in the 2024 Kent Property Market Review, and we wish our client continued success with the well-received facility that they have created.

Fernham Homes is an award-winning company that has been building premium new homes in Kent, Sussex, London & Surrey for over 25 years. Notable achievements include the Evening Standard New Homes Award 2021 and 2022, the In-House Gold Award for Customer Satisfaction for six consecutive years, and the prestigious Outstanding Achievement Award in 2024.