Has your commercial lease been validly contracted out under the landlord and Tenant Act 1954?

In a recent case FS Stores Limited v The Designer Retail Outlet Centres (Mansfield) General Partners Limited and others [2019] the High Court considered whether six separate commercial leases had been validly contracted out of the Landlord and Tenant Act 1954. TFS Stores Limited (“TFS”) which trades as The Fragrance Shop is a large retail operator with over 200 stores nationwide. TFS claimed that six of its leases at a number of McArthur Glen outlet shopping centres had not been validy contracted out of the 1954 Act so that they were entitled to renew the leases at the end of the contractual term. The court was asked to consider 3 issues: Whether solicitors for the tenant, in the case of two of the tenancies, had authority in each case to accept service of the “warning…

The benefits of a clean break agreement on divorce, even if you have no assets

You may feel overwhelmed with the changes you are facing as you go through a divorce, and quite often going from a household with two incomes to one can be a struggle.  If you do not own a house or have other assets, it can be tempting to cut costs and ignore seeking advice from a solicitor in relation to a financial agreement.  Iain Cutts family law expert at Ware & Kay explains why this could be a costly mistake. 

Splitting up on good terms

  If you have decided to end your marriage, dissolve your civil partnership, or separate from the person you live with, Robert Bellhouse and the experienced family law team at Ware & Kay can help. Separating couples can find it difficult agree about how joint property such as their home and finances are to be divided. Agreeing arrangements for children is often another area of contention, as emotions run high. However, not all relationships have to end acrimoniously. The process of Collaborative law, provides an alternative way for couples to reach an agreement about their finances and arrangements for children on separation. Using the collaborative process is often quicker than going to court. Under the collaborative process each person and their solicitor attend a series of meetings. Other professionals such as accountants, pension experts and financial…

Tax planning for your inheritance

Planning how to deal with your assets in a tax efficient manner is an important but potentially complex task. An increasing number of estates will be liable to inheritance tax (IHT) on death, so it is vital to consider how your will can be drafted to reduce the amount of tax that will be taken from your estate after you die, freeing up more money for your loved ones. You can also consider whether to make gifts during your lifetime to minimise your IHT liability but this raises other tax considerations. Sian Foster, wills, trusts and estate planning solicitor with Ware & Kay (with offices in York, Wetherby & Malton), explains what you need to think about when planning for your inheritance if you wish to minimise your tax bill. Why should I think about…