Corporate, Company and Commercial
Landowners beware of land thieves (otherwise known as squatters, trespassers and land grabbers).
It is extremely important that landowners understand in what circumstances unscrupulous people can steal control and ownership of their land, and/or gain legal rights over it, without having paid for that ownership or those rights. Tina Dobbs, Senior Associate, in our Commercial Property Department....
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Landlord/tenant law in practice: how courts interpret the Landlord and Tenant Act 1954
The Landlord and Tenant Act 1954 (LTA 1954) provides business tenants in England and Wales with what is called ‘Security of Tenure’. Unless the parties to a tenancy/lease contract out of these ‘Security of Tenure’ provisions, tenants have the right to renew their lease on substantially the ....
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Securing your business legacy: The role of Wills, LPAs, and trusts in passing on a business
As a business owner, planning for the future extends beyond your retirement or exit strategy. Ensuring that your business is passed on smoothly and efficiently in the event of your death or incapacity is crucial to maintaining its value and continuity. This requires careful consideration of your Wi....
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Preparing your business for sale: a comprehensive guide
Selling a business is a significant milestone that requires careful planning and strategic preparation. Whether you’re a sole trader or the owner of a larger company, preparing your business for sale is crucial to maximising its value and attracting the right buyer. In this article, our Corporate....
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Exploring exit options: Finding the right path for your business
As a business owner, deciding how and when to exit your business is one of the most significant decisions you will face. Whether you're considering retirement, moving on to new ventures, or simply looking to realise the value of your efforts, understanding your exit options is crucial. The best app....
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The Building Safety Act and the remediation of historic defects
The Building Safety Act 2022 (BSA 2022, hereafter referred to as ‘the Act’) was designed to address safety issues affecting existing buildings. The Act was specifically formulated to reallocate the financial responsibility for rectifying these issues from the buildings’ tenants to either the ....
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The Building Safety Act – fire safety responsibilities for landlords
The Grenfell Tower fire, a tragic incident during which over 70 people lost their lives when a fire blazed out of control due to the building’s highly flammable cladding, led to the introduction of the Building Safety Act 2022. The Act legislated amendments to a raft of other laws and regulations....
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The Leasehold and Freehold Reform Bill 2023 – what’s in it for freeholders?
If you are the owner of a leasehold property, you may be following the progress of the much-awaited Leasehold and Freehold Reform Bill 2023. The proposed legislation, which is making its way through Parliament and is expected to receive Royal Assent this year, has been touted as “part of the most....
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Are commercial tenants responsible for replacing crumbly concrete?
In recent weeks, news has broken that hundreds of schools and other public buildings across the UK, which were built using reinforced autoclaved aerated concrete (RAAC), are now unsafe. As this lightweight, ‘bubbly’ concrete (most widely used during a 40-year period between 1950 and 1990) has r....
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Preparing your commercial property for new energy efficiency laws
Upcoming changes to the Minimum Energy Efficiency Standards (MEES) mean that the owners of commercial buildings must be prepared or face harsh penalties. Currently it is a requirement to let any commercial property that they have an EPC rating of D as a minimum – but by 2030, the minimum ratin....
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Family business succession – what you need to know
Passing a family business onto the next generation is a proud and satisfying achievement. After years of hard work building or maintaining your reputation and traditions, family succession is a highly significant moment – and one that you want to get right. Alongside the pride, there is inevit....
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Instruct a solicitor early for family business succession planning
Succession planning is critical to the future and enduring success of your business. Having spent years working on every little detail, implementing an effective succession plan is the final step to ensuring your legacy and the continuation of your hard work. As all business owners know, forward....
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Should I take a lease that’s ‘outside’ of the Landlord and Tenant Act?
Renting a business premises can be stressful, especially when it comes to negotiating your lease. Both you and your landlord will be trying to secure the most advantageous terms for your respective businesses and, without legal expertise and knowledge behind you, you may find yourself agreeing to t....
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I am looking to assign my lease. What do I need to do?
Assigning a lease means transferring the legal interest in the lease to a new tenant. This means that the new tenant will take on all your legal rights and responsibilities set out in the lease. Assigning your lease can be an option if your lease doesn’t contain a break clause and your landlord i....
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Do I really need a solicitor to renew a commercial lease?
Under the Landlord and Tenant Act 1954, most business tenants (with some specific exceptions) have the legal right to renew their commercial lease. This right is only forfeited if you are in breach of the terms set out in your lease, your landlord wants to take the premises back for their own use, ....
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Ending your lease with a break clause: a guide
A break clause is a clause within a tenancy agreement that gives either the landlord or the tenant (or both) the right to end the tenancy before the expiry of the contract term. The break clause will, among other things, usually set out who has the right to exercise the break, any conditions that m....
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EPCs for commercial property: a legal perspective
What is an EPC? An Energy Performance Certificate (EPC) rates how energy efficient your building is on a scale from A to G (with A the being the most efficient grade and G being the least efficient). Once issued, an EPC is valid for 10 years. Why is energy efficiency important? The....
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Eight steps to getting your business sale ready
As the old adage goes, ‘Fail to prepare, prepare to fail.’ It’s true of many things in life – from exams and job interviews, to starting up and growing your business, to formulating a comprehensive plan for your business sale. In this blog, we’ll be focusing on this latter undertaking, ex....
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Share sale or asset sale? Which is best for your business?
If you are looking to sell your business in the UK, there are two main structures this transaction can take: a share sale or an asset sale. Each transaction structure has its own advantages and disadvantages and, as such, will result in different outcomes for both the buyer and seller. Selecting....
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Renewing a commercial lease: a beginner’s guide
Having a secure business premises from which to operate is integral to many companies’ success – and indeed survival. That’s why there are statutory protections in place to ensure that commercial tenants are not at risk of being summarily evicted from their premises whenever a lease comes to ....
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