What can you do if your commercial tenant stops paying their rent?

A landlord has a number of remedies available to it if a tenant stops paying their rent. It is important that as a landlord you choose your remedy wisely because it may not be possible to back track and select a different route once you have embarked on a course of action. Option 1: Forfeiture A well drafted commercial lease will include a right of re-entry, or a right to end the lease, if rent is unpaid for a certain number of days. The right can be exercised by court proceedings or by simply re-entering the property by ‘peaceable re-entry’. Peaceable re-entry is quick and effective and provided that there is no possibility of it being challenged, for example by the landlord having waived its rights, then it is invariably the preferred method of re-entry…

Managing Employees Arrested for Off-Duty Conduct: When crime doesn’t pay.

When an employee is arrested for a crime committed outside of their employment, employers face the challenge of managing the situation while balancing fairness to the employee, protecting the business’s interests, and complying with English employment law. In this article I outline the steps employers should take when dealing with an employee arrested but not yet charged, how and when they may cooperate with the police, and the appropriate disciplinary procedures if the employee is subsequently charged and convicted. Initial Steps upon Arrest 1. Gather Information Confirm Facts: Verify the arrest through reliable sources, such as police reports or direct communication with the employee. Avoid acting on hearsay or rumours. Understand the Allegations: Determine the nature of the alleged crime, its severity, and any potential impact on the employee's role. 2. Assess Impact on Employment…

Can I amend our divorce settlement due to a chronic health condition?

During a divorce or dissolution of a civil partnership, there are a number of factors that must be taken into account when dividing financial assets. These factors include any mental or physical disability of either spouse or civil partner and what their current and future financial needs will be. This provides scope to make a fair and just settlement for anyone that maybe suffering a chronic health condition - a long term illness which is likely to significantly impact a person’s function, earning capacity and future financial needs. What happens if you had agreed a settlement and have been subsequently diagnosed with a chronic health condition which affects your earning capacity? When it comes to divorce or dissolution settlements, a chronic health condition can have a significant impact on the financial division of assets. If your…

Building Disputes and How to Resolve Them

Building disputes are a prevalent type of legal conflict, often emerging when individuals hire builders for tasks such as renovations or extensions. Given the numerous aspects involved in construction projects, there's ample opportunity for issues to arise, making these situations ripe for disputes. The absence of a formal Contract A common problem in building disputes is the absence of a formal contract. When the relationship between the client and the builder begins to deteriorate, it is frequently discovered that no written agreement exists. This situation complicates the process of determining what was agreed upon regarding the scope of work and pricing. As a result, the details must be reconstructed from estimates, emails, conversations, and invoices, which can be both time-consuming and costly. Identifying issues and breaches To address the dispute, you must first identify what…

Inheritance Assets and Considering a Deed of Variation

Have you recently inherited assets from a family member or a friend who has recently passed away?  We appreciate that there are circumstances where you might not necessarily wish to receive your inheritance and may wish to re-direct it elsewhere.  Some of the common reasons why are as follows:  Honouring Updated Wishes: You know/suspect that the deceased’s wishes had changed since they made their Will some years prior and you wish to honour what you believe to be their final wishes. 2.Supporting Others: You would like to help out other family members/friends/charitable organisations by passing on wealth to them.  Inheritance Tax Concerns You expect that Inheritance Tax will be payable on your death due to the size of your estate before receiving the legacy.  You therefore do not wish to increase your…

How do we deal with our mortgage during a divorce?  

With interest rates and the cost-of-living crisis in the headlines on a daily basis, mortgage affordability is a key concern for many homeowners, not least for couples who are separating and wondering how this will affect their mortgage arrangements. Most divorcing couples will have a mortgage on their family home, and the family home is likely to be their largest asset. The mortgage may be in joint names, or it could be in one person’s sole name. Either way, the house will be considered a matrimonial asset if it is the family home, and it will need to be dealt with as part of the financial settlement. Whether a mortgage is affected by divorce or the dissolution of a civil partnership, and the extent to which it is affected, will depend on the terms of the…

Families urged to plan ahead to reduce their inheritance tax bill

Sian Foster, Director, Wills & Probate at Ware & Kay incorporating Pearsons & Ward Solicitors in York is encouraging people to plan ahead to help reduce their inheritance tax (IHT) bill.  Latest figures from HMRC show that inheritance tax receipts have risen by 7.2% since last year. By taking advantage of available tax reliefs and planning carefully, families can make sure their loved ones pay the smallest tax bill possible and get the most out of what they inherit. The Association of Lifetime Lawyers represents a community of the most qualified legal professionals in the UK supporting vulnerable and older people with expert advice and support.   Sian, a member of The Association of Lifetime Lawyers says there are precautionary steps to take if you plan for family members to inherit part, or all of your…

Recovering money from an individual or company debtor  

It is an unfortunate part of business life that at some point you are likely to experience problems with an individual or company that does not pay. You have carried out your work efficiently and with no problems or complaints but when you send out the invoice the customer makes excuses and promises that payment is on its way but then they start to avoid your calls and you suspect that they are experiencing cash flow issues. In that, hopefully unusual, situation it is important that you know what to do so that you can maximise your prospects of recovering the debt. One option is to issue court proceedings. However, the court process can be slow and so before embarking on court proceedings it is worth considering whether serving a statutory demand is a faster and…

Property litigation – who owns the land?

Farms are often handed down through many generations, often without any legal documentation, with title to the farm land and buildings invariably being unregistered and frequently being difficult to fathom. On a day-to-day basis, this might not present a problem but certain life events, such as death, divorce, retirement, bankruptcy or farm sale, or indeed where a legal dispute arises, may make it necessary to establish who owns what and on what basis, as Johanne Spittle, Director, Litigation & Dispute Resolution and agricultural specialist at Ware & Kay and Pearsons & Ward in Malton, York & Wetherby explains.  Farms can be owned in many ways, such as by a partnership, limited company or trust. It is advisable to have a written agreement in place for all these models, setting out how assets are owned, the process…

Land Development - All your questions answered - Thursday 14 November, 2024

  Date and time Thursday, 14 November · 4:30pm - 7:00pm Location Lakeside Conference Centre, York Biotech Campus, Sand Hutton, YO41 1LZ About this event Welcome to our Land Development - All your questions answered event! Are you curious about the ins and outs of land development? Join us on Thursday 14 November 2024 at 4:30pm at the York Biotech Campus for an evening filled with valuable information and insights. Our expert speakers will be there to address and provide you with the knowledge you need to navigate the world of land development. Don't miss out on this opportunity to learn and connect with like-minded individuals in the industry. See you there! Agenda 4:30pm - Registration & refreshments 5:00pm - David Hyams, Managing Director - Welcome and Introduction 5:10pm - Gemma Foster, Associate, Commercial Property (York) - the various ways land can…