Security of Tenure for Business Leases
When securing new premises, the future preservation and success of your business may hinge upon your security of tenure. Legal advice should always be sought prior to entering into a new business lease, as well as in relation to any security of tenure issues that may arise during the course, or upon expiry, of an […]
Taking on a Commercial Lease
If you are a tenant looking to lease new business premises there are numerous issues to consider, not least your legal rights and responsibilities. Some of the most frequently asked questions relating to commercial leases are set out below. What is a commercial lease? A commercial lease is a legally binding document setting […]
Breach of a Commercial Lease (What to Do!)
Both Landlords and tenants can be found in breach of a commercial lease under either the Law of Property Act 1925 or Landlord and Tenant Act 1954 if they fail to meet one of more of the lease covenants. When a tenant has breached the terms of their commercial lease, landlords can respond through serving […]
Commercial Lease Notice to Vacate
When a commercial lease is in place the tenant normally holds the right to remain in occupation until the lease expires. However, as a landlord there are some circumstances where you can take back the premises during the term by issuing a commercial lease notice to vacate. Tenants will often challenge a notice to vacate […]
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? […]
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 […]
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 […]
How Long Does Conveyancing Take with No Chain?
Understanding how long conveyancing will take can help with the overall buying process, such as giving notice on a tenancy or planning renovation work and booking removal services or furniture. If you’ve found the property you want to buy, or have accepted an offer to sell, the likelihood is you will want to get moving […]
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 […]
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 […]
Do You Need a Dog Boarding Licence?
If you’re thinking about starting up a dog boarding business, apart from putting in place suitable accommodation and arrangements to care for other people’s beloved pets, you will also need a licence from your local council. This is to help ensure the health and welfare of any animals in someone else’s care when operating for […]
Executor Not Communicating With Beneficiaries?
An executor not communicating with beneficiaries following the death of a loved one can often feel alarming, creating unnecessary angst during an already emotionally difficult time. It can therefore be useful, from the perspective of the beneficiaries, to know how best to approach this and what can be done to resolve any issues, where necessary. […]
How to Make a Personal Licence Application
Under the Licensing Act 2003, every sale of alcohol from licensed premises in England and Wales must be authorised by a personal licence holder. The following guide looks at the eligibility criteria when making a personal licence application, as well as some of the practical challenges you might face when applying for a personal alcohol […]
Making a Claim Against an Estate after Distribution
Once a deceased’s estate has been distributed to the beneficiaries, it is often too late to assert any right to that estate. However, even though there are time limits for making a claim against an estate, the court can still exercise some discretion if a claim is brought out of time. It may also be […]
Rules for Using CCTV Evidence at Disciplinary
Some employers may be surprised to discover that video footage captured by CCTV can constitute personal data under the General Data Protection Regulation (GDPR). This means that there are certain rules that must be followed when processing this data, especially in the context of using this footage as evidence of an employee’s misconduct. The following […]
What is a Patent?
The law provides a number of ways for people to protect their intellectual property. With your IP protected, you can fully capitalise on the commercial potential your invention or idea, while preventing exploitation from others. Patents are one such type of intellectual property protection. In this guide, we outline what a patent is, what is […]
What is Passing Off?
Passing off is when one party, whether intentionally or unintentionally, offers services or goods in a way that makes the purchaser believe they are buying from another party. This is seen as a misrepresentation that can damage the goodwill, profit and reputation of a person or business. Passing off is similar in principle to trademark infringement, except […]
Self Employed Mortgage Guide
One of the downsides of having your own business is that applying for a mortgage can seem a more challenging process than if you were employed. The following guidance looks at the key criteria for getting a self employed mortgage, including which documentation you will need to show to potential lenders and the steps you […]
Bullied At Work? Advice For Employees
Employees are protected by law from being bullied at work. But it’s not always easy to know what your rights are and how to enforce them. If you are feeling emotionally distressed or professionally vulnerable because of the unwanted discriminatory behaviour of others, you may even get to the point where you feel you have […]