How To Evict A Commercial Tenant

As a landlord of commercial premises there are many reasons why you may want to take back possession of your premises, the most common being where your tenant is in breach of their lease terms; such as, not paying rent, not keeping the premises in good repair, being a nuisance to neighbours or assigning or subletting the premises without your consent. David Hyams (Head of Commercial Property) & Jacky Burton (Commercial Property Solicitor) at Ware & Kay Solicitors in York & Wetherby advise landlords on their options for claiming back possession of their property. Claiming possession Taking back possession of your premises when occupied by a tenant is called 'forfeiture'. However, you can only forfeit the lease if there is a specific clause in the lease enabling you to do so. It is advisable for…

Focus On The Long Game

A New Year brings a fresh mindset - an opportunity to take stock and re-focus for the year ahead, in both our personal and financial lives. The year starts with the Winter Olympics in South Korea and in February we enter the Chinese New Year of the dog, symbolising loyalty and honesty. With a royal wedding and Commonwealth Games in the springtime - anticipation hangs in the air, before the World Cup in Russia kicks off in June - exciting times ahead. TAKE STOCK It's also a time for reflection. Geopolitical and economic uncertainties have become consistent features that will not dissipate overnight, as Brexit negotiations continue. Despite uncertainty being the order of the day over the past year, all major stock markets have generated healthy positive returns. The performance of the UK stock market…

Claims Against A Deceased`s Estate

Do you think that you have a claim against the estate of someone who has died? If you believe that you should have been included in their Will, or received more from their estate than you did, then you may be entitled to make a dependency claim.  Head of Litigation at Ware & Kay in York, Wetherby & Malton, explains how: "Where the deceased died without a valid Will, the intestacy rules govern the automatic manner in which their married, or civil partner, and other close relatives, inherit their estate. If you are not provided for under the intestacy rules or, under their deceased's Will if they had one , or you consider that the amount you will receive is not sufficient, you might be able to bring a claim against the estate to ensure…

The Exclusivity Terms In Zero Hours Contract (redress) Regulations 2015

EMLOYMENT LAW UPDATE - FEBRUARY 2016 These regulations came into force on 11th January 2016. S27A(3) of the Employment Rights Act 1996 provides that a provision in a zero hours contract which prohibits the worker from doing work under any other arrangement is unenforceable. In other words the employee cannot be prevented from doing other work for other employers. If an employee is dismissed for taking on other work that dismissal will be automatically unfair. Even if the employee is not dismissed but is subjected to a "detriment" (e.g.  being denied work that would otherwise have been allocated to them), that detrimental treatment is unlawful. There is no qualifying period of employment before an employee is protected, so this is another exception to the "2 year rule" which applies to "ordinary" unfair dismissal and protects…