Property People - as featured in the Yorkshire Post

David Hyams is director of commercial property at Ware & Kay Solicitors, based in the York office. What are the prospects for the property sector in Yorkshire and Humber? In the mid to long term, I am positive about the prospects for the property sector as the region has so much to offer.  We are obviously facing challenging times at the moment, particularly in the hospitality sector, but once we have got through to the other side, I am confident that there will be a release of pent-up demand and we shall soon be back on our feet again. What is the best project you have been involved in? In recent times it was acting for a landlord on the grant of a lease of 15,000 sq ft office unit to a large regional accountancy practice. …

Coronavirus Update

Following the latest Government announcement of a second national lockdown for England, we wish to reassure all of our clients and contacts that it is business as usual. We have robust plans in place to minimise any disruption and will continue to operate as normal whilst also protecting our clients, our staff and the wider community. We are committed to supporting our clients and contacts throughout this period whilst monitoring updates and following Government advice.  We have plans in place that enable us to continue serving our clients and contacts including equipping our staff for home-working. All our clients will be able to maintain contact with our staff via telephone and email however, we have decided for everyone’s protection that we are unable to make client appointments at any of our offices from Thursday 5th November. …

Keeping your workforce agile and within the law

The viability of many businesses is on a knife-edge and flexibility in scaling the workforce up or down at short notice has become increasingly important. For many employers, keeping their workforce as flexible as possible will be essential for their future. However, the law around zero-hours contracts, self-employment, personal service companies and agency workers is complex, and now is the time to take stock of your current arrangements. Gillian Reid, Head of Employment with Ware & Kay outlines how to manage the risks and obligations of the different options for a flexible workforce. Self-employed contractors: watch out for employment rights Contracting with a self-employed individual may seem like a low-risk option, without adding to the overheads. However, even if you and the individual initially agree that they are self-employed, an employment tribunal may see things differently…

Registered and unregistered land, what is the difference?

There are two systems of recording ownership of land in England and Wales; registered and unregistered.  Whether your land is registered or unregistered can have a major impact, and not only when you come to sell. Holly Stevens, Head of Residential Property with Ware & Kay in York, considers the implications. Registered land, an overview The Land Registry keeps a register of all registered land, which is indexed on a map. This register contains information on approximately 24 million properties.  Within this overall register, the Land Registry allocates properties their own unique number and individual register.  Each individual register includes three sections: the ‘proprietor register’, which contains ownership information; the ‘property register’, which contains a description of the property, linked to a map; and the ‘charges register’, which contains details of any mortgages or charges…

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…

Is your diversification project ‘agricultural use’ and does it matter?

In the current climate, many farmers are diversifying to future proof their farm business. In more recent years this has meant new non – farming business ventures. However, as an owner or tenant of agricultural land, you may be subject to restrictions as to how that land is used and now is probably a good time to check whether this applies to you and consider if this affects your diversification plans. The recent claim brought against the estate of Mr Philip Partridge (deceased) and his wife Mrs Lynette Partridge (Mills v Estate of Partridge and another [2020]) is a perfect example of why a requirement that land to be used for agricultural purposes only, certainly does matter. Pamela Mills (claimant) was the owner of land at Iverley House Farm in Staffordshire including a track which…

Lasting Powers of Attorney: A vital part of succession planning for farmers

Farming families have had a particularly difficult period during the Covid-19 pandemic, facing increased demand from consumers with limited time and resources at their disposal. Farming is an already demanding occupation with heavy machinery, livestock, dangerous chemicals, silos, and slurry pits as daily hazards encountered as part of running the business. With so much relying on the physical health and capability of key individuals, having a contingency plan in place in case something goes wrong is a must. Lynne Smith, Private Client Specialist and part of the agricultural law team at Pearsons & Ward Solicitors in Malton* advises that making a Lasting Power of Attorney (LPA) should be a vital part of business succession planning for farm owners, who are at increased risk of becoming physically or mentally incapacitated at any time. An LPA is…

Wills and how to protect your wealth

What is a trust? A trust is a legal arrangement where individuals are chosen (known as Trustees) to look after assets for the chosen beneficiaries.  Trusts can take effect during a person’s lifetime or alternatively, they can be incorporated into Wills which take effect on death.  This article focuses on Will Trusts.   Circumstances where a Will Trust would be beneficial Most of us are unaware of the various ways in which setting up a Trust in a Will can help safeguard assets and protect beneficiaries including existing family members and also future generations.  Some key uses of Will Trusts are set out below: Vulnerable beneficiaries. This could be relevant if the beneficiaries of your estate are physically or mentally disabled, are insolvent or have issues with substance abuse, for example. Setting up a Will Trust…

Equity release, your questions answered

Record numbers of homeowners are choosing to unlock the money tied up in their homes through equity release schemes.  The promise of access to cash without having to move is an attractive proposition but taking out money from your home to enjoy your retirement or provide financial help to family members comes at a cost. Holly Stevens, Head of Residential Property with Ware & Kay in York outlines the risks and answers some frequently asked questions. What is equity release? To understand what equity release is, you first need to understand what ‘equity’ in the context of homeownership means.  Put simply, equity represents the difference between what your property is valued at and any money you owe on it. For example: Property valuation £300,000 minus mortgage £100,000 = equity £200,000 Equity release provides a way for…

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…