When can you refuse a bad commercial tenant a new lease?

The court provided useful examples of the sort of conduct that might allow a landlord to refuse a new lease, even though the tenant has security of tenure under the Landlord and Tenant Act 1954 (“the Act”). The judgment can be found here. Background When granting most leases to be used as commercial premises, the landlord and tenant need to agree to follow a special procedure, known as ‘contracting out’, otherwise the tenant’s lease will not end at the end of the period stated in the lease. The lease is continued by law and the tenant has a right to apply to the court for a new lease, if terms cannot be agreed. The landlord can only end the lease under certain circumstances set out in the Act. The most common are that the landlord wishes…

Diversification and Farm Business Tenancies

Farmers are having to diversify part of the farm in these current times to stay financially afloat. This will likely increase due to the decline in subsidies. So how do Tenant farmers go about trying to diversify and what does this mean for Landlords? If you are a tenant farmer and you wish to diversify the farm or part of it to a non-farming activity e.g. Glamping pods, B&B, Farm Shop etc. it is likely you will need to obtain your Landlord’s consent to do so. Agricultural tenancies usually permit the tenant to use the Holding for agricultural purposes only and may contain restrictions against taking out any part of the holding from agricultural use. Tenants may choose to ignore the tenancy agreement and pursue diversification in any event but should be warned that the Landlord…

Do we need to formalise our separation?

If you are coming out of a relationship, whether you were cohabiting, married or in a civil partnership, you may be asking if you need to formalise that separation.  A separation agreement is a formal contract which can be agreed between you and your former partner to determine the division of your financial assets and responsibilities.  ‘No matter how amicable your separation is, and whether you were married or not, it is wise to seek legal advice on your financial position as complications can arise in the future,’ says Robert Bellhouse, a Family Solicitor in the family team with Ware & Kay.  ‘A separation agreement can save you money and upset in the long run.’ You are not legally required to obtain a separation agreement, but it will provide you with reassurance and certainty on where…

New appointment further strengthens Pearsons & Ward Solicitors Family Department

Pearsons & Ward Solicitors are delighted to announce the appointment of experienced Paralegal Rachel Newsome to their Family Department. Rachel is the latest appointment for Pearsons & Ward, now part of Ware & Kay Solicitors Ltd which also has offices in York & Wetherby.  Rachel will be based at the Malton office and serve clients across Ryedale and East Yorkshire. Rachel started her career in the legal profession in 1996 in West Yorkshire moving to Ryedale in 2009 before commencing work at Pearsons & Ward as a Paralegal in 2012, having completed the Central Law Training Specialist Paralegal Qualification in Family Law.  She then left in 2016 to gain experience with another local firm before starting a family and is now returning to work.  She advises and has in-depth experience of the Divorce process, in relation…

Meeting your conveyancing solicitor, what you need to prepare

Preparing and collecting all the information for your first meeting with your conveyancing solicitor, whether that meeting is face-to-face or virtual, will get your transaction off to a good start. Here Holly Stevens, Head of Residential Property with Ware & Kay in York looks at how you can help to get things moving quickly. Prepare ID and source of funds evidence As your solicitor, we cannot start work until we have checked your proof of identity. These ID checks may seem a bit bureaucratic, but they are legally required to comply with anti-money laundering regulations and will help protect you against fraud and identity theft. Requirements vary from firm to firm, so check with us beforehand and make sure you have the relevant documents. Typically, you will need proof of your identity, which can be either…

Grumbles or grievances – why you need to take employee complaints seriously

Receiving a grievance from an employee is rarely welcome – dealing with it can soak up resources, cause disquiet among other employees and in some cases escalate into a dispute which ends up before an employment tribunal. However, as Gillian Reid, employment lawyer with Ware & Kay in York & Wetherby explains, handling grievances properly is a useful way of nipping workplace problems in the bud, stopping relations between you and an employee souring and resulting in legal action.    The key to dealing with grievances is to adopt a fair process and to be aware of some of the challenging issues that may crop up.   Importance of treating grievances seriously Dealing with a grievance promptly and thoroughly can avoid bigger problems arising later on, for example if the employee alleges that a colleague is…

Dealing with flexible working requests: guide for employers

Homeworking and other forms of flexible working arrangements are increasingly common, as employees juggle caring responsibilities or try to avoid long and expensive commutes to work. Employees may be surprised to learn that there is no right to work flexibly, just a right to make a request. However, as Gillian Reid, employment law specialist at Ware & Kay in York and Wetherby explains, employers need to respond properly to any requests to work flexibly to avoid claims in an employment tribunal. What is flexible working? Working part-time, from home or only in term time are all examples of flexible working, along with job shares and exemption from night shifts. The legal process to request flexible working applies to working hours and the place of work. Who has the right to request flexible working? The scope of…

Diversification and Farm Business Tenancies

Farmers are having to diversify part of the farm in these current times to stay financially afloat. This will likely increase due to the decline in subsidies. So how do Tenant farmers go about trying to diversify and what does this mean for Landlords? If you are a tenant farmer and you wish to diversify the farm or part of it to a non-farming activity e.g. Glamping pods, B&B, Farm Shop etc. it is likely you will need to obtain your Landlord’s consent to do so. Agricultural tenancies usually permit the tenant to use the Holding for agricultural purposes only and may contain restrictions against taking out any part of the holding from agricultural use. Tenants may choose to ignore the tenancy agreement and pursue diversification in any event, but should be warned that the Landlord…

It is time to refresh HR policies and practices for 2021

2020 was a tumultuous year with employers having to respond rapidly to the challenges of the pandemic. Culturally the world has shifted too, with the Black Lives Matter movement bringing momentum to improving equality and diversity at work. The end of the Brexit transition period on 31 December 2020 means an end to free movement and has implications for UK employment law. Gillian Reid, a Solicitor in the employment team with Ware & Kay suggests that ‘Now is a good time to review and refresh HR policies and practices after a fast-paced 2020 and to get ready for the challenges of the new year.’ She recommends focusing on the following areas: Working from home Is your working from home policy fit for purpose? Does it adequately deal with homeworking as the norm for staff, rather than…

Five reasons to use collaborative law in a family dispute

When a relationship breaks down, it can be one of the most distressing events many of us will have to endure.  There can be a lot to sort out; family finances, arrangements for children and who stays in the house.  Most people assume that the only way to end their marriage or formalise a separation involves a visit to court to let a judge make those decisions.