What is a Commercial Lease Insurance Clause?
It is in the interests of the landlord and the tenant that a commercial lease sets out details of the insurance terms in full. If there is no commercial lease insurance clause there is no obligation to insure the property, resulting in problems for both parties. Who is responsible for insuring a commercial property? […]
How are Letters of Intent Used?
When in the process of negotiating an asset or share sale, or any other complex commercial transaction, various key documents will need to be drafted, including a letter of intent. In this guide, we explain what letters of intent are, how they are used and the legal considerations involved. What is letter of intent? […]
Landlords’ Guide to Sitting Tenants
In this landlords’ guide, we will cover what you need to know about sitting tenants, including what the term means, their rights and obligations, and what you can do when selling or buying property with a sitting tenant. What is a sitting tenant? A sitting tenant, also known as a tenant in situ, is a […]
Rights Without a Lease (A Guide for Commercial Tenants!)
Ordinarily, commercial property landlords and business tenants should sign a written tenancy agreement setting out the terms of the lease. This provides certainty of both parties’ rights, obligations and clarity of how to resolve any disputes that may arise. It is not generally advisable to lease a commercial property without a written agreement. Issues typically […]
How to Remove a Shareholder from a Limited Company
A shareholder of a limited company can choose to leave that company whenever they wish and for whatever reason; this may be down to a desire to re-invest their money in a different business or because they no longer wish to be associated with that company. A shareholder may also be removed in the event […]
Shareholder Rights in the UK
When a shareholder invests money into a company, they obtain certain rights as a result. Generally, the more money invested, the more rights that shareholder has. Shareholder rights in the UK are dictated by the Companies Act 2006, the company’s Articles of Association, the terms of issue of shares, and any shareholders’ agreement. What are […]
Distribution Agreement: How Do They Work?
Distribution agreements are used between distributors and manufacturers to provide certainty and clarity within the commercial relationship. In this guide, we explain what an effective distribution agreement should include and consider the key areas of risk to be mitigated when drafting and relying on a distribution agreement. What is a distribution agreement? A distribution agreement is […]
Buying Commercial Property (Key Considerations!)
If you’re considering buying commercial property, there are many financial, practical and legal aspects to work through before committing to the transaction. In this guide, we examine some of the advantages and disadvantages of buying business premises, as well as the practicalities and legalities involved with purchasing commercial premises. What is classed as commercial […]
What is COSHH?
COSHH is a high-risk area of health and safety compliance for employers dealing with hazardous substances. The penalties for non-compliance with COSHH include prosecution and unlimited fines. In certain serious cases, for instance, where an individual died as a result of a breach of COSHH, the responsible persons may face imprisonment. In this guide, we […]
Rest Breaks at Work Rules
Rest breaks at work are important to support employee wellbeing, optimise workforce performance and, in many work environments, ensure safety. As such, employers have to give their workers appropriate breaks and opportunities for rest while at work. As an employer, if you fail to meet the minimum legal requirements, or to offer a suitable compensatory […]
LLP vs Ltd: Differences Explained
LLPs and Limited companies are common types of business structures in the UK. Both are used to limit liability while offering flexibility, but there are also notable differences between the two. In this guide, we set out the key considerations of the LLP vs Ltd company structures to help determine which you should adopt for […]
Right to Work Documents List
Every worker in the UK has to provide proof to their employer that they have the right to work. This requirement applies regardless of the worker’s nationality, residency status, age or race. UK employers are required by law to carry out right to work document checks prior to any candidate starting employment. To carry out […]
Employing Overseas Workers in the UK
In most cases, UK-based employers will need to hold a valid sponsor licence in order to employ overseas workers. Foreign nationals are generally subject to UK immigration control, unless the individual has UK settled status, for example under the EU settlement scheme or holds valid UK indefinite leave to remain. Those that require permission to […]
Right to Work UK: Compliance for Employers
Under the Immigration, Asylum and Nationality Act 2006, all employers are required to meet their duties to prevent illegal working in the UK by carrying out checks to ensure that anyone who applies to them for employment has the right to work in the UK. Illegal working penalties for employers Illegal working can come in […]
Rules For Dissolving a Company
There are many reasons why a company could be dissolved. There may be a dispute between the shareholders and directors, there may be succession issues following the death of the business owner, or the business may simply have run its course or perhaps never achieved the desired success. Whatever the reason, the process to close […]
What Does Limited Liability Mean?
When setting up a company, it’s important to understand how different types of business structure work. Factors such as the business owners’ exposure to financial risk will require careful consideration when deciding which type of company structure is most suitable. In this guide, we focus on limited liability structure. We explain the meaning of ‘limited […]
What Happens When a Commercial Lease Expires?
The legal position of a tenant when their commercial lease expires will depend on whether their lease is subject to the Landlord and Tenant Act 1954. Commercial tenants usually remain in a property when a lease has expired because they are still negotiating the terms of a new, renewed lease with the landlord or they […]
Commercial Rent Review Clauses Explained
Rent reviews in commercial leases are generally carried out when a landlord wishes to bring the rent in line with the current market level. The following guide explains how rent reviews work in practice and what they mean for the landlord and tenant. What is a rent review clause? A rent review clause […]
Premises Licence Application Guidance
If your business or organisation is involved in a licensable activity, including the sale and supply of alcohol, you will need a premises licence or other similar authorisation from the licensing authority. Below is a practical guide to making a premises licence application and some of the considerations that should be made. What is […]
Responding to a Data Subject Access Request
If you’re an employer, it is important that you understand your data protection obligations to avoid enforcement action and potential reputational damage. In this guide, we look at how to respond to a data subject access request (DSAR) from an employee, and explain when the right of access applies, when it can be refused and […]