York - 01904 716000
Wetherby - 01937 583210
Malton - 01653 692247
Wetherby 01937 583210
Malton 01653 692247
News

17 August 2021 Commercial property

As more aspects of business move online, there is a drive to do everything digitally.  The process of buying and selling property has always relied heavily on paper, but there has been huge change over the last decade and more can now be done online.  Commercial property investors want to take advantage of this, but the law on signing electronically is still in transition. Getting a signature wrong could mean a deal is void, so it pays to get legal advice on when an electronic signature will be valid. ‘In an increasingly digital world, business owners are sometimes surprised when they are asked to sign property documents with pen and ink’ says Andrew Little Commercial Property Solicitor with Ware & Kay in York & Wetherby.  ‘This isn’t just lawyers being old-fashioned – there are still rules…
28 July 2021 Commercial property

The Court of Appeal has overturned the High Court’s decision in the case of Capitol Park Leeds plc v Global Radio Services Ltd which considered whether a tenant had given ‘vacant possession’ of a commercial building. The case concerned a three storey commercial unit in Tingley Leeds. By a Lease dated 4 March 2002 the property was let to Real Radio (Yorkshire) Limited for a term of 24 years. In June 2014 the Lease was assigned to Global Radio Services Limited (the tenant). The assignment was part of a corporate acquisition by Global of The Guardian Media Group, which included provisions for the transfer to Global of all properties owned by the Group. This resulted in Global acquiring more properties than it needed, and from the date of the assignment the property was surplus to requirements. The Lease…
08 June 2021 Commercial property

As we emerge from lockdown and things slowly begin to return to normal, many farmers may be considering renting out part of their property, raising much needed cash to counter the devastating economic effects inflicted by the coronavirus and Brexit. Most private properties are rented out on an assured shorthold tenancy basis, but as Andrew Little, commercial property law and agricultural specialist at Ware & Kay Solicitors in York & Wetherby warns, some restrictions on such rentals have been introduced recently which potential landlords should be aware of.  The Tenant Fees Act 2019 Under the Tenant Fees Act 2019, landlords and agents are now banned from charging fees to tenants other than those specifically permitted by the Act. A cap is also placed on the amount of security deposit a landlord or agent can collect and…
13 May 2021 Commercial property

The decisions in two cases recently heard by the High Court will be welcomed by landlords of commercial premises.  The cases of Commerz Real Investmentgesellschaft mbH v TFS Stores Limited and Bank of New York Mellon (International) Ltd and v Cine-UK Ltd and others were disputes over non-payment of rent during the COVID-19 pandemic and in both the Court decided that the rent arrears were payable despite the impact of closure and restrictions on the businesses. The facts in both cases were similar. In the first case the tenant TFS Stores Limited operates as ‘The Fragrance Shop’ and its landlord claimed £166,884.82. In the second case there were in fact separate claims heard together against Cine-UK Limited, operating a cinema complex, Mecca Bingo Limited and SportsDirect.com Retail Limited. In the TFS case the tenant put forward…
05 November 2020 Commercial property

David Hyams is director of commercial property at Ware & Kay Solicitors, based in the York office. What are the prospects for the property sector in Yorkshire and Humber? In the mid to long term, I am positive about the prospects for the property sector as the region has so much to offer.  We are obviously facing challenging times at the moment, particularly in the hospitality sector, but once we have got through to the other side, I am confident that there will be a release of pent-up demand and we shall soon be back on our feet again. What is the best project you have been involved in? In recent times it was acting for a landlord on the grant of a lease of 15,000 sq ft office unit to a large regional accountancy practice. …
29 October 2020 Commercial property

Pubs are closing all too often nowadays and while this is a sad sight, it means there may be opportunities to find a new use for one as a commercial development project.  If an empty pub is well-located, it could make an ideal setting for a new business, such as a care home, convenience store, or flexible workspace.  As well as negotiating, buying and redeveloping the building itself, you will need to get to grips with planning permission and other regulatory requirements for your proposed new business.  You will need contracts with professional advisers, including surveyors and architects, and with building contractors.  Once the building is operational you will need a lease with an operator.  ‘As your commercial property solicitor we will be key in bringing this complex project to fruition, and the sooner we are…
15 October 2020 Commercial property

Susan Poole – Commercial Property Solicitor What are the prospects for the property sector in Yorkshire and Humber? Had I been asked this question at the start of the year I would have said that they were generally good, but then Covid 19 struck! We currently have a second wave and further restrictions in parts of West Yorkshire so it is a very different picture now. The retail, hospitality and leisure sectors have been hit particularly hard with city centres such as Leeds suffering from the lack of footfall, resulting in a number of store closures. Tenants have struggled to pay rents and many Landlords in turn are facing pressure from lenders. For some this second wave may be the final straw. For local High Streets the position is slightly different. Whilst some businesses are still…
22 July 2020 Commercial property

A commercial property portfolio is just like any other investment - to get the best out of it, you need to manage it well, and sometimes it will benefit from being restructured. The unforeseen impact of Covid-19 on the whole of the UK economy has underlined the importance of keeping on top of your property investments, so you are able to move quickly when you want to grab an opportunity or mitigate risk. A good commercial property lawyer will get to know your property portfolio as well as you do.  The more closely we are involved, the more we can do to help you plan your strategy and head off problems before they arise. Careful planning and regular reviews of your property investments will give you the best chance both to prosper in good times and…
14 July 2020 Commercial property

Since the Town and Country Planning General Permitted Development Order came into force on 6 April 2018, rural communities have had greater development potential when converting agricultural buildings into residential units. In these deeply troubled times, the greater flexibility afforded by these relaxed permitted development rights is good news for the rural community, allowing agricultural businesses to unlock additional value and utility from their land. Farmers should be warned, however, that numerous conditions and prior local planning authority approvals are still required under the new rules, so it is a good idea to consult a professional expert to advise on available options before renovations begin. This blog explains how the enhanced permitted development rights give agricultural businesses more flexibility to adapt existing buildings to create new housing and increase the size of their agricultural buildings without…
19 March 2020 Commercial property

It can come as something of a shock if someone is always strolling across your land without permission and you find that you have no right to stop them because they actually have a legal right to be there. Andrew Little, commercial property law expert at Pearsons & Ward Solicitors in Malton, explains how such legal rights of way or easements can be made by express grant, implied grant or by prescription. An express grant is where the right is spelt out in writing, usually in a deed at the time of sale of the property. An implied grant may not be specified in any deed but is implied by law; they usually arise if someone could not access their property if the easement was not granted. Easements by prescription are ones which can be particularly prevalent…
Filter Articles
Contact us