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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...

Claiming compensation after an accident on a pavement

Jalal Mirza-Baig
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Claiming compensation after an accident on a pavement Cuts in public budgets and an inability for planned work to be carried out during the pandemic, has meant that pavements and footpaths are often in a sad state of repair.  Accidents can happen,...

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...

Accidents in a care home: residents and visitors

Jalal Mirza-Baig
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Nearly half a million people were living in care homes in the United Kingdom in 2021, according to recent figures . Given that many of these residents will be elderly, infirm or both, and the added strain placed on care homes due to the pandemic, it is...

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...

Dismissing an employee fairly: a refresher

Jalal Mirza-Baig
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The law gives five potentially fair reasons for dismissal, including breach of a statutory duty or restriction and some other substantial reason capable of justifying dismissal. The most commonly used reasons are redundancy, capability and misconduct. Even...

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...

Challenging unreasonable ground rent on leasehold homes

Selwan Yousif
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If you have bought a new home in the last few years, then there is a chance that you will own your property on a leasehold as opposed to freehold basis. If this is the case, then you may be liable to pay ground rent charges to the person who retains...

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...

Options if you suspect abuse of a power of attorney

Selwan Yousif
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With more people in the UK now living into their 80s and 90s, an increasing number of us are choosing to make a lasting power of attorney. This is a legal document under which we appoint someone we trust to make important decisions about our finances, and...

The rights of a beneficiary with concerns about a trustee

Kenneth Amakye
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If you are the beneficiary of a trust and you are dissatisfied about the way in which an appointed trustee is acting, then it is important for you to understand your options for holding them to account.  Your concerns may relate to the mismanagement of...