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…

Considerations when buying a heritage property

When many of us think about heritage properties, we think of buildings associated with our architectural past: a castle, stately home or elegant Georgian townhouse perhaps. But new developments, such as barn and warehouse conversions, may also be heritage properties if they are listed or in a conservation area. In this article we look at the different categories of heritage property and the implications for buyers who face the prospect of having to deal with the obligations that go hand in hand with owning a property of historical interest.  If you are considering buying a listed building, a property in a conservation area or a property that appears in a local heritage asset list, then it is important that you speak to your solicitor at an early stage to discuss the implications. The fact that a property…

Occupier’s liability: what are your duties?

If you occupy land or buildings, then you will usually be under a duty to take reasonable steps to prevent anyone visiting you being killed or injured or suffering damage to their property.  You will also be under a duty not to do anything which may cause harm to your neighbours. The extent of the duties imposed on you will vary depending on the circumstances but where a breach of duty occurs the consequences could be serious, as Johanne Spittle, Head of Litigation with Ware & Kay in York & Wetherby explains.   ‘We live in a world where anyone who suffers damage or personal injury expects to be compensated’ says Johanne.  ‘This includes people who are lawfully on your property like employees and invited visitors, but also those who are there unlawfully like squatters…

Disciplinary proceedings at work: guide for employers

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim. Your procedures need to be fair and your decisions need to be justifiable. Gillian Reid, employment law expert with Ware & Kay in York & Wetherby offers employers six tips for the fair handling of disciplinary issues.  When to suspend an employee If an allegation of misconduct arises, suspending the accused employee should not be the default response. Instead, you should consider: the seriousness of the alleged misconduct and whether the employee’s behaviour could justify summary dismissal; the risks of further problems if the employee is allowed to remain in the workplace; and the possibility of interference with the investigation if…

Meet The Boss

What job would you like to have other than your own? As I love what I do, I cannot really imagine doing anything else. However, I do enjoy helping the younger members of the Firm, passing on my knowledge and experience so perhaps teaching was a route I could have chosen. Greatest Achievement? Getting to where I am now.  It has not always been easy juggling work with family life and I could not have done it without the support of my husband and children.  I do look back sometimes and wonder how I managed it! What makes you angry?  These things irritate me rather than make me angry: Bad manners – there is no excuse for them. People not using their common sense – a little can go a long way in…

Easing your inheritance tax liability

As farming families frequently rely on the natural succession of the farm, where ownership is passed down through the generations, every care must be taken to avoid a hefty inheritance tax bill. The first step is, of course, to ensure that you have a valid and up-to-date Will to ensure that the legal ownership of the land and business assets used in running the farm pass to your chosen relatives or other beneficiaries. In addition, your Will should be drafted smartly to ensure that it makes use of every available opportunity to ease inheritance tax liability – particularly with regard to the use of agricultural and/or business property reliefs. Another such measure that was only introduced in 2015 is the residence nil-rate band. Laura Carter, specialist agricultural Wills & Probate Solicitor at Pearsons & Ward…

Why would anyone want a postnuptial agreement?

The discovery of an affair, concern about an inheritance being squandered or pressure to protect your business interests are all reasons to consider making a postnuptial agreement.  Like a prenuptial agreement, a postnuptial agreement can be used to agree in advance what should happen to assets owned by you and your spouse or civil partner should the relationship fail.

Redevelopment and excessive user of a right of way

In the recent case of Stanning v Baldwin the Court was asked to consider a number of issues one of which as to whether the redevelopment of the Claimant’s property and construction of 4 houses would lead to an intensification of use of a right of way over a land owned by the Defendants. The Claimant, Glynis Stanning, owned The Coach House, access to which was over an unsurfaced and unadopted track over Gerrards Cross Common near Slough, a local beauty spot registered as common land. The track was the sole means of vehicular access and the right of way arose by prescription. In 2017 the Claimant obtained planning permission to demolish the Coach House and to erect four terraced houses, with underground parking for nine cars and with access to continue over the…

Selling your home in a flat market, some top tips

Experts predict that the housing market will face some challenging times in the months ahead as the number of sales continue to fall. With the average house now taking over 19 weeks to sell, the outlook may appear disheartening if you want to sell. There are still buyers out there, searching for their next home from a smaller pool of properties, and our residential conveyancing team offers some advice on selling your home in a flat market. Be realistic on price Market data suggests that overall house prices are slipping. There are strong regional and local variations, so it pays to research the sale price your home may realistically expect to achieve. Local estate agents should have a good idea of how much your property is likely to fetch, and it is a good idea to speak…

Solicitor at Ware & Kay top in the country

Ware & Kay Solicitors (with offices in York, Wetherby & Malton) is proud to announce that Laura Schofield, a Solicitor in the Wetherby office specialising in Wills and Estates, has achieved a distinction in her first STEP exam in the Advanced Certificate in Administration of Estates and was awarded the highest mark in the country for the exam. STEP (the Society of Trust and Estate Practitioners) is a professional body which is committed to helping people manage their affairs.  Laura is working towards an internationally recognised qualification that will demonstrate her practical and detailed understanding of the law and procedures involved in trust and probate procedure, tax and accounting. On completion of four exams she will be entitled to use the designation STEP to showcase her specialist expertise and give her clients the confidence and…