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Promises, promises - when do you have a legally binding contract?

Selwan Yousif
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While some business transactions are quick and simple, many involve protracted negotiations as you shop around for the best provider of goods or services and negotiate hard to get the best terms and conditions. Some businesses in your supply chain may have a...

How to negotiate a turnover rent for retail premises

Alexandra Arthur
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Turnover rents are increasingly common in retail lettings.  In challenging times, they appeal to tenants because both the landlord and tenant share the risk of trade being adversely affected by the state of the wider economy.  Landlords would...

Should you drag along or tag along as an investor?

Selwan Yousif
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Becoming a minority shareholder or investor in a business may lead you to believe that, given the limited rights you will have, there are not many important considerations to take into account. However, even a minority investor needs to protect their...

Selling spare land on a commercial site

Graham Beach
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If you own a commercial property which is larger than you need, selling part of it could be a good way to release value.  Before you start, it is vital to have a clear idea of how the division will work from a practical point of view. This will ensure...

Planning for success in a partnership merger

Selwan Yousif
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Where there is a good cultural alignment, a merger can offer numerous benefits to two smaller partnerships, particularly in terms of sharing costs and resources, and access to economies of scale while potentially also reducing competition. ‘There are...

Buying your first commercial property

Graham Beach
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Many would-be investors are drawn to commercial property.  Even in times of economic uncertainty, people like the idea of investing in bricks and mortar which can feel more real than a purely financial investment.  A commercial property can be the...

Developing on brownfield building land

Graham Beach
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In a world where green space is increasingly valued for its role in fighting climate change, it makes sense to reuse previously developed sites, often referred to as brownfield land.  It may be easier to get planning consent to develop brownfield land...

Negotiating a commercial finance agreement

Graham Beach
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If you need a cash injection for your business to help with growth costs, or to fund the purchase of plant and equipment, diversification, or expansion, then you will need to think carefully about the finance options open to you and their potential pros and...

Redeveloping commercial property around your tenant

Graham Beach
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Redeveloping parts of a building in your portfolio, to create a more flexible layout or perhaps add additional floors, can be a good way to enhance investment value.  This is easiest in a vacant building, but you may have good tenants and want to...

Restrictive covenants and development sites

Graham Beach
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Even the most promising development can be knocked off course if the land is subject to a restrictive covenant.  Restrictions of this sort can prevent land being built on or being used for specific purposes for many years, even if the development has...

Risks and rewards with a personal guarantee

Selwan Yousif
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The most common reason why a director will be required to provide a personal guarantee is because a lender or supplier perceives a level of risk in your business. Perhaps the lender is not confident that your business cash flow is liquid enough to fulfil its...

Securing access for a commercial property

Karen du Rocher
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Once a commercial tenant has agreed a lease and moved into business premises, they will rely on having unobstructed access to easily enter the premises for the purposes of their business.  Unless premises sit alongside a public road, they will probably...

How to remove the executor of an estate

Selwan Yousif
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If you are concerned about the behaviour or actions of someone who has been appointed as an executor to someone’s will, then it may be possible for you to apply to the court to have them removed from their post and replaced by someone else. This might...

Excluding or limiting liability in B2B terms and conditions

Selwan Yousif
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Setting out the terms upon which you provide your goods or services to another business will reduce the risk of a dispute by making clear the expectations on either side. But what if a dispute arises and a client or customer claims that they have suffered a...

Christmas trading - implications for landlords and tenants

Graham Beach
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Retail, leisure, and hospitality businesses will be banking on a good festive season this year. Shops will want to stay open for longer and may want to add to their usual offer, to attract as much footfall as possible. Landlords with empty units will be...

Winding up and closing down a company cleanly

Selwan Yousif
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While many founders and business owners will implement succession plans to sell or pass their business to a new generation of owners, sometimes it is clear that you have reached the end of the road and the best decision is to call it a day and close the...

Landlord's options if a tenant breaches repair obligations

Graham Beach
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Making sure a commercial property is well maintained is one of a landlord’s key priorities, and it is almost as important as getting in the rent. Under a full repairing and insuring lease; the tenant is obliged to keep the property in a good state of...

Ecommerce refresher for retailers trading online in the UK

Selwan Yousif
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Ecommerce is a fast-moving medium for retailers and, whether you have an established online presence or are just starting out, a periodic review of changes in the law and trading regulations can help ensure your business runs smoothly.  ‘There...

Ten key negotiating points when taking a new commercial lease

Selwan Yousif
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When a landlord and tenant try to settle the terms for a new commercial lease, each party will have clear objectives.  The landlord wants a secure income stream and confidence that the property will be left in good condition at the end of the...