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

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…
28 January 2020 Commercial property

Where a business tenant has the protection of the Landlord and Tenant Act 1954 (often referred to as security of tenure), the landlord’s ability to get vacant possession of the property is limited.  A landlord who wants to redevelop must prove that they have a viable scheme and genuinely intend to carry it out.  A significant decision by the Supreme Court means that landlords will now need to seek legal advice much earlier in the process to give themselves the best chance of succeeding. ‘The 1954 Act aims to give business tenants long-term security while recognising that landlords need to be able to carry out redevelopment works to make the best of their property assets,’ says Andrew Little of Pearsons & Ward in Malton.  ‘The challenge for landlords is to prove that they have a…
14 January 2020 Commercial property

Concerns about the impact of climate change are beginning to affect all areas of business including business premises, which are responsible for a significant proportion of the UK’s overall energy use.  The government has announced that it plans to tighten regulations on energy efficiency in rented property, requiring significant improvements by 2030.  Commercial landlords and business tenants will need to make sure their leases give energy efficiency a higher priority and set out who is responsible for energy efficiency measures and who will foot the bill. “Green leases are being gradually introduced in response to new legislation and a desire both by landlords and tenants to make energy savings,” says Andrew Little commercial property solicitor at our Malton office, “although it isn’t always clear exactly what a green lease is.  In simple terms, a green…
14 January 2020 Commercial property

All here at Ware & Kay hope that you have had a happy New Year. As you may be aware, a new year has brought a new government that is looking to bring forward a number of reforms. It remains to be seen how many of the suggested reforms mentioned in the Queen’s Speech will be implemented but there are a number of changes that will affect landlords of both commercial and residential property. Business rates reform The Government has suggested that it intends to conduct a ‘fundamental’ review of business rates. No timescales have been released yet but some of the key points mentioned are: Bringing forward the next business rates revaluation from 2022 to 2021 as well as moving the revaluations from a five-yearly to a three-yearly cycle. The Government…
07 November 2019 Commercial property

Some of the world’s most successful companies have started at home or in a garage, but at some point it makes sense to move to business premises.  Committing to your first commercial lease is an important step in the life of a young business and as it is a binding legal contract, it is vital to get legal advice before you sign. ‘Premises will make up a significant part of your total business costs’ says Jacky Burton commercial property solicitor with Ware & Kay in York & Wetherby, ‘so it is important to know exactly what you will be paying, your obligations and those of your landlord, and what flexibility you have if these premises no longer meet your needs.’ Your solicitor will explain everything and help ensure that you understand the long-term implications. The…
22 August 2019 Commercial property

With this year’s Glastonbury festival behind us, where the working dairy herd at Worthy Farm in Somerset makes way for the world’s biggest music festival, many farmers may have been wondering what innovative ideas they too could explore to boost their income and get the most out of their land. These days there are an increasing range of opportunities for short-term farm diversification from letting someone use part of your land for grazing or storage purposes, to holding one-off events like a car boot sale, weddings or even a festival. However, before you allow another person to use your land it is important to take legal advice to ensure that your arrangement is properly documented and that you both understand the remit of the permission granted.  Andrew Little, commercial property law specialist at Pearsons…
01 July 2019 Commercial property

In a recent case FS Stores Limited v The Designer Retail Outlet Centres (Mansfield) General Partners Limited and others [2019] the High Court considered whether six separate commercial leases had been validly contracted out of the Landlord and Tenant Act 1954. TFS Stores Limited (“TFS”) which trades as The Fragrance Shop is a large retail operator with over 200 stores nationwide. TFS claimed that six of its leases at a number of McArthur Glen outlet shopping centres had not been validy contracted out of the 1954 Act so that they were entitled to renew the leases at the end of the contractual term. The court was asked to consider 3 issues: Whether solicitors for the tenant, in the case of two of the tenancies, had authority in each case to accept service of the “warning…
11 June 2019 Commercial property

From 1 June 2019 landlords and lettings agents are no longer able to require tenants to pay certain fees in relation to assured shorthold tenancy agreements, students lets or licences to occupy private residential housing. The Tenant Fees Act 2019 has introduced fundamental changes which ban all payments from a tenant unless they are expressly permitted. The Act applies to all new agreements entered into after 1 June 2019. For agreements entered into before 1 June, landlords will still be able to charge the fees and payments until 31 May 2020 but after that date the ban will apply. According to Michael Thomas, Litigation Solicitor with Ware & Kay in York & Wetherby, a landlord who fails to get it right now could face a financial penalty of £5,000 and may face criminal prosecution. Landlords need…
16 April 2019 Commercial property

Empty property is bad news for landlords. It costs money in maintenance and rates, as well as being a possible target for vandals and squatters. To maximise income from property, landlords may wish to seize opportunities for short-term lettings to fill gaps between long-term arrangements. But as Andrew Little, commercial property expert with Pearsons & Ward Solicitors in Malton explains, it is vital to get the paperwork right. ‘If a potential tenant wants to get into your property and start trading and paying rent immediately, you may be tempted to skip the formal paperwork, but this can lead to real problems as business tenants can quickly acquire the right to stay on, which could get in the way of your long-term plans for the property’ explains Andrew. ‘The good news is that your solicitor can very…
11 April 2019 Commercial property

Remarrying when you own or rent a farm can raise a number of issues that need to be addressed, particularly if your longer-term plan is to pass the farm onto your children or someone else within your immediate family.  In this article Juliet Walker, Family Law Solicitor with Pearsons & Ward Solicitors in Malton, North Yorkshire, explains the steps you can take to increase the likelihood of a farm surviving a second marriage. Be clear on your new spouse’s involvement and rights If your new spouse is likely to become involved in the farm business then it is important to make it clear in what capacity.  For example, will they be a paid employee with little or no input into the decision-making process or will they assume a more significant role entitling them to have…
Filter Articles
Contact us