Redeveloping an empty pub for commercial use

Pubs are closing all too often nowadays and while this is a sad sight, it means there may be opportunities to find a new use for one as a commercial development project.  If an empty pub is well-located, it could make an ideal setting for a new business, such as a care home, convenience store, or flexible workspace.  As well as negotiating, buying and redeveloping the building itself, you will need to get to grips with planning permission and other regulatory requirements for your proposed new business.  You will need contracts with professional advisers, including surveyors and architects, and with building contractors.  Once the building is operational you will need a lease with an operator.  ‘As your commercial property solicitor we will be key in bringing this complex project to fruition, and the sooner we are…

Property People – as featured in the Yorkshire Post

Susan Poole – Commercial Property Solicitor What are the prospects for the property sector in Yorkshire and Humber? Had I been asked this question at the start of the year I would have said that they were generally good, but then Covid 19 struck! We currently have a second wave and further restrictions in parts of West Yorkshire so it is a very different picture now. The retail, hospitality and leisure sectors have been hit particularly hard with city centres such as Leeds suffering from the lack of footfall, resulting in a number of store closures. Tenants have struggled to pay rents and many Landlords in turn are facing pressure from lenders. For some this second wave may be the final straw. For local High Streets the position is slightly different. Whilst some businesses are still…

Your commercial property portfolio – time to restructure?

A commercial property portfolio is just like any other investment - to get the best out of it, you need to manage it well, and sometimes it will benefit from being restructured. The unforeseen impact of Covid-19 on the whole of the UK economy has underlined the importance of keeping on top of your property investments, so you are able to move quickly when you want to grab an opportunity or mitigate risk. A good commercial property lawyer will get to know your property portfolio as well as you do.  The more closely we are involved, the more we can do to help you plan your strategy and head off problems before they arise. Careful planning and regular reviews of your property investments will give you the best chance both to prosper in good times and…

Greater permitted development rights for agricultural property

Since the Town and Country Planning General Permitted Development Order came into force on 6 April 2018, rural communities have had greater development potential when converting agricultural buildings into residential units. In these deeply troubled times, the greater flexibility afforded by these relaxed permitted development rights is good news for the rural community, allowing agricultural businesses to unlock additional value and utility from their land. Farmers should be warned, however, that numerous conditions and prior local planning authority approvals are still required under the new rules, so it is a good idea to consult a professional expert to advise on available options before renovations begin. This blog explains how the enhanced permitted development rights give agricultural businesses more flexibility to adapt existing buildings to create new housing and increase the size of their agricultural buildings without…

Finding your way through land rights

It can come as something of a shock if someone is always strolling across your land without permission and you find that you have no right to stop them because they actually have a legal right to be there. Andrew Little, commercial property law expert at Pearsons & Ward Solicitors in Malton, explains how such legal rights of way or easements can be made by express grant, implied grant or by prescription. An express grant is where the right is spelt out in writing, usually in a deed at the time of sale of the property. An implied grant may not be specified in any deed but is implied by law; they usually arise if someone could not access their property if the easement was not granted. Easements by prescription are ones which can be particularly prevalent…

Getting vacant possession for redevelopment

Where a business tenant has the protection of the Landlord and Tenant Act 1954 (often referred to as security of tenure), the landlord’s ability to get vacant possession of the property is limited.  A landlord who wants to redevelop must prove that they have a viable scheme and genuinely intend to carry it out.  A significant decision by the Supreme Court means that landlords will now need to seek legal advice much earlier in the process to give themselves the best chance of succeeding. ‘The 1954 Act aims to give business tenants long-term security while recognising that landlords need to be able to carry out redevelopment works to make the best of their property assets,’ says Andrew Little of Pearsons & Ward in Malton.  ‘The challenge for landlords is to prove that they have a…

Green leases and moves to improve energy efficiency

Concerns about the impact of climate change are beginning to affect all areas of business including business premises, which are responsible for a significant proportion of the UK’s overall energy use.  The government has announced that it plans to tighten regulations on energy efficiency in rented property, requiring significant improvements by 2030.  Commercial landlords and business tenants will need to make sure their leases give energy efficiency a higher priority and set out who is responsible for energy efficiency measures and who will foot the bill. “Green leases are being gradually introduced in response to new legislation and a desire both by landlords and tenants to make energy savings,” says Andrew Little commercial property solicitor at our Malton office, “although it isn’t always clear exactly what a green lease is.  In simple terms, a green…

Happy New Year from the Property Team

All here at Ware & Kay hope that you have had a happy New Year. As you may be aware, a new year has brought a new government that is looking to bring forward a number of reforms. It remains to be seen how many of the suggested reforms mentioned in the Queen’s Speech will be implemented but there are a number of changes that will affect landlords of both commercial and residential property. Business rates reform The Government has suggested that it intends to conduct a ‘fundamental’ review of business rates. No timescales have been released yet but some of the key points mentioned are: Bringing forward the next business rates revaluation from 2022 to 2021 as well as moving the revaluations from a five-yearly to a three-yearly cycle. The Government describes…

Taking your first commercial lease

Some of the world’s most successful companies have started at home or in a garage, but at some point it makes sense to move to business premises.  Committing to your first commercial lease is an important step in the life of a young business and as it is a binding legal contract, it is vital to get legal advice before you sign. ‘Premises will make up a significant part of your total business costs’ says Jacky Burton commercial property solicitor with Ware & Kay in York & Wetherby, ‘so it is important to know exactly what you will be paying, your obligations and those of your landlord, and what flexibility you have if these premises no longer meet your needs.’ Your solicitor will explain everything and help ensure that you understand the long-term implications. The premises…

Licensing your land: a guide to the benefits and pitfalls of innovative arrangements for farmers

With this year’s Glastonbury festival behind us, where the working dairy herd at Worthy Farm in Somerset makes way for the world’s biggest music festival, many farmers may have been wondering what innovative ideas they too could explore to boost their income and get the most out of their land. These days there are an increasing range of opportunities for short-term farm diversification from letting someone use part of your land for grazing or storage purposes, to holding one-off events like a car boot sale, weddings or even a festival. However, before you allow another person to use your land it is important to take legal advice to ensure that your arrangement is properly documented and that you both understand the remit of the permission granted.  Andrew Little, commercial property law specialist at Pearsons…