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Court decide in Rent Tug-o-War

Landlords will breathe a sigh of relief and tenants a sigh of exasperation following a recent UK Court ruling.  The outcome determines what happens to rent paid in advance for a period after a Lease ends at a Tenant’s request under a ‘break clause’ in the Lease.

For many years it was accepted law that, if the Lease ended in the middle of a rental period, any rent paid in advance for the period after the end of the Lease was only recoverable by tenants if the Lease contained a clause clearly setting out the advance rent should be refunded.  However, that principle was tested in 2013 and the Courts decided that tenants could, in certain circumstances, claim a refund of advance rent.  The story does not end, however, in 2013.

The dispute was referred to the UK’s highest homeland court, the Supreme Court, for a final decision.  The Supreme Court takes the position back to what it was before 2013, namely that if there is no clause in the lease tenants will not be entitled to a refund of advance rent.

Tenants should, therefore, take advice when entering into Leases to protect their entitlement to a refund of advance rent.

Brearleys commercial property lawyer, Adrian Tattersley, has a wealth of experience in drafting and negotiating amendments to Leases for all types of commercial property.   To ensure your rent position is safeguarded contact Adrian on 01484 714400 or by email at adriantattersley@brearleyssolicitor.com

 

Stop being lazy!

Don’t Be Lethargic – Plan your future Energy Efficiency now! 

Landlords need to start planning now to meet a minimum energy efficiency rating or face fines of up to £150,000, falling investment values and the prospect of not being able to borrow money against their properties if they do not meet the new Minimum Energy Efficiency Standard that comes into force on 1 April 2018.

From 1 April 2018, a financial penalty regime will start to apply to Landlords who let out premises that do not meet the Minimum Energy Efficiency Standard (“MEES”).  A property with an F or G rating will be below the minimum acceptable rating of an E rating.  Failure to achieve the relevant minimum standard without a permitted reason will result in significant financial penalties for Landlords.  Current indications are those penalties will be between £10,000 and £150,000! Local  authorities will enforce the regulations but it is not yet clear whether they will be allowed to keep the fines collected. 

Current estimates suggest that around 1 in 6 properties will fall below the minimum E standard.   More properties will fall the minimum standard if, as expected, the minimum E standard rises though the Government does not indicate how quickly that may be nor what the ultimate standard will be. 

Landlords should now be considering what they can do to avoid penalties. 

Leases granted now are likely to go beyond 1 April 2018 so consideration should be given as to what steps can be taken with a view to improving the Energy Efficiency Rating of their properties in advance of the introductory dates.  If they are not reviewed then it may mean that a property cannot be let in the future leading to lower investment values.    Lenders are also likely to impose conditions on finance agreements which could result in properties with an F or G rating being no longer acceptable as security for borrowing.

 

The northern powerhouse – a dynamic generator or just a weak tea light?

The buzz words ‘Northern Powerhouse’ are tripping off political tongues like wax from a candle.  But regional northern businesses need to be alert to what Northern Powerhouse means and how they can ‘cash in’ when the light switch is turned on. Adrian Tattersley, Commercial lawyer with West Yorkshire law firm Brearleys shines a light on the potential implications for local businesses.

It was about a year ago prominence to the phrase “Northern Powerhouse” was first given.  Since then the general election has been and gone, a Government Minister for the ‘Northern Powerhouse’ appointed and the media enthuses about the prospect of a Klondike like rush to the north.  But what is the ‘Northern Powerhouse’ and what might it do for businesses in the region?

The Northern Powerhouse is a concept to redress the north-south economic imbalance with the intention of attracting investment to northern cities and towns.  However, current hype appears to focus mainly on principle cities such as Manchester, Leeds, and Newcastle with scant mention of the likes of Huddersfield, Bradford and Wakefield let alone regional towns and areas with a history of good production and strong work ethics.  For the Northern Powerhouse to succeed investment must be distributed far and wide across ‘the north’ and with fairness to avoid a Klondike rush to northern cities making only a few wealthy and ultimately leaving surrounding impoverished local towns.

Region wide, fair investment will not come to the towns ‘as of right’ – it will have to be earned.  Towns and regions will have to prove their abilities for production and regeneration; that they can make a huge return on investment equal to if not greater than regional cities.  Topics such as the lack of a cross country high speed rail link should be no bar; instead we should demonstrate our resolve by utilising to the full existing infrastructure.

So what can local businesses and forums do to try to attract both attention for and investment to our towns and ‘grass roots’ businesses?

One thought is local businesses banding together to create one united voice promoting our towns and regions; stimulating imagination; promoting regional strengths, demonstrating a ‘can do’ capability with sustainable growth; one voice to captivate investors and capture investment; one voice to attract investment to grass roots businesses so they can produce more – more products, more services, more jobs, more prospects.

The Northern Powerhouse is potentially one of the greatest concepts for our towns and local businesses in more than a generation but we all need to ‘seize the day’ or, just like the 3 year  Klondike gold rush, only some will benefit and the rest will be in vain.

A surprise visit from Vinnie

A surprise visit from Vinnie

We had a surprise visitor at our Batley office recently, when the Vinnie from Fox’s Biscuits dropped by to say hello and have a look around. We have recently begun providing free regular advice sessions for staff at the Foxs factory in Batley, so Vinnie was keen to come along and meet our team. Fresh from his superstar appearance at the Batley Christmas lights switch on this Saturday Vinnie was in a relaxed mood, and even tried his paw at some typing. And this will not be his only appearance locally.

In the coming weeks you will be able see Vinnie both at the Heckmondwike Christmas lights switch on this Saturday 29 November, and also at the Batley Christmas Fayre on 06 December, and who knows he may have some yummy biscuits with him as well.

We speak your language

“Detailed information was explained in layman’s terms.  There was no jargon or legal speak.  Any questions were answered in full, and all options were carefully explained.  This allowed us to make considered decisions.  Thank you”

This is the comment that we have just received from a feedback questionnaire from one of our clients.  After every transaction we write to our clients and seek feedback so that we can continue to improve our service.  We believe that the above speaks volumes.  It’s common to receive such comments from our clients as we pride ourselves in speaking plain English so that you can understand the options before you regardless of the type of law that you instructors in connection with.

For more details of our services particularly those that we provide to individuals click  –

www.Brearleyspersonallegalservices.co.uk

Here are some of our most recent client comments

“Everything went smoothly from beginning to receiving my will.  It was a pleasure to come down to your office.  I needed to get a solicitor nearer to home and as I lived in Birstall your office was an obvious choice because of the nearness to my home.  Thank you”

“Brearleys are very supportive and good at their job.  It was a positive attitude with a very good result.  Thanks”

“I have no further comments or suggestions that would improve your service because everything was most satisfactory .  My many thanks; Mr Stansfield, Huddersfield”

“you were very professional. I’m not the best acknowledge ring information that you always chased me up giving me actual deadline dates where needed.  L From start to finish the process has been straightforward and simple.  You were fantastic and I know I will have frustrated you at times.  I would definitely recommend .  I would recommend BrearleysSolicitors to anyone who like myself was injured through no fault of their own.  Is not always about the money; it’s about justice and lessons to be learnt .    Mrs Beardmore, Congleton “

We are proud of the service that we provide and recognise that we are here to serve you as our clients.  is a fact that the overwhelming majority of feedback that we get is appreciative of our efforts and confirms that they would recommend us to friends family and colleagues .  don’t just take our word for it; if you have legal problems or or need advice then come to Brearleys and we will do everything that we can to look after you.

Foxs Biscuits Free Advice Clinics in the Workplace

Foxs Biscuits Free Advice Clinics in the Workplace

We are delighted to be able to announce that we are attending at Fox’s biscuits in order to provide a series of talks and free advice sessions to their workforce.

Fox’s biscuits are an integral part of Batley  culture and we are  delighted to be able to assist.

This is part of our continued efforts to ensure that people receive sound advice in connection with the types of matters that affect us all.  Often people are reluctant to visit a solicitor because they feel that this may involve initial cost.  For this reason we undertake a number of free clinics in the workplace so that people have an opportunity, without obligation, to ask any questions that they may have and also so that we may explain the importance of and need for powers of attorney, Wills etc

If you are a business and would like to take  advantage of our attending  in order to provide advice  to your workforce contact  Nick Battye  at nickbattye@brearleyssolicitors.com

A1 Football Factory

We recently completed a lease of a warehouse for the newly formed business A1 Football Factory Ltd owned by one of the owners of which is Leeds united player Paul Green currently on loan to Ipswich Town. The company, based on A1 Business Park nr Knottingley aims to provide a first class indoor sporting facility not only in football but various other sporting sectors for the Castleford, Wakefield, Pontefract and West Yorkshire regions and  is in prime location for all surrounding residents as well as easy access from both the M62 and A1. The three owners have been brought up playing sport in the local area and understand the great need for such a facility.

The A1 Football Factory will be available for hire for both social and league play as well as providing coaching opportunities right from grass roots level through to elite players. The area needs a facility which gives more opportunities for participation which can only lead to a greater chance of youngsters gaining opportunities to achieve excellence in their chosen sport.  A1 Football Factory Ltd’s grand opening will be on Saturday 8th March. For more details visit www.a1footballfactory.com

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Copyright – Brearleys Solicitors, The Roundhouse, 12 King Street, Brighouse HD6 1NX. T: 01484 714 400 This firm is regulated by the Law Society and our services are provided by solicitors admitted within England and Wales Registered in England and Wales. Registered office as above. Registered No. 47653