Tag Archives: Commercial Property

A guide to buying and selling a veterinary practice

The sale or purchase of a veterinary practice is likely to be one of the largest financial transactions that a vet will enter into. Whether selling or buying, it is important for vets to understand the process involved. Is your practice ready to sell? Prospective buyers will expect to see information regarding the practice such as existing contracts, maintenance records and property used and/or owned by the business. A buyer will want to learn about all ongoing liabilities it is likely to take over. It is important therefore that, prior to marketing the practice, the seller ensures that the practice information and records are in good order. Marketing the practice Many sellers will use a specialist agent to market their veterinary practice. It makes sense to use an agent who is experienced in marketing veterinary practices. Such agents act as … Continue reading

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Houseboat ownership: a legal guide

Across the UK, but particularly in the vibrant hub of London where property prices soar and availability dwindles, the prospect of living on a houseboat may beckon to those in pursuit of an affordable and distinctive lifestyle. Before navigating the waters of this increasingly trendy housing option, potential buyers should acquaint themselves with the legal intricacies associated with houseboat ownership. The Boat Ranging from purpose-built vessels to ingeniously repurposed barges or motorised crafts, it’s fair to say that boats you can live on come in a range of shapes and sizes. Many traditional houseboats have no self-propulsion, so buyers must think carefully about the hassle of moving a houseboat, if required, as costs will rack up! Houseboat Moorings To live on a boat full-time, you need to be either “continuously cruising” or have a “residential mooring”. Securing a suitable mooring … Continue reading

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Buying a property: what are searches and why do we do them?

Whether you are buying a commercial property, or a residential one, property searches will be carried out by your conveyancer to discover issues with the property that may not be registered at the Land Registry, and so cannot be discovered from the title (if registered), and the owner may not know, or simply cannot remember everything. So, what are the common property searches? Local Authority Search The local search reveals a variety of useful information regarding a property.  This report reveals: All of which is usually very important to buyers! Drainage search This will check whether the property is connected to mains water and sewerage.  It cannot be assumed that all properties are, and in our area there are a lot of properties that use septic tanks, and this then leads on to whether it has been registered with the … Continue reading

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Ahoy SeaWork 2023! How Scott Bailey solicitors can help marine businesses chart a course for success

We don’t sing about the work we do with local marine businesses and boat owners very often, but with SeaWork 2023 just around the corner, and the maritime industry being abuzz with anticipation, this seems like a good time. SeaWork is a renowned international exhibition, offering marine businesses an opportunity to showcase their products and services, make valuable connections and drive growth. However, amidst the excitement, as with any business, it’s crucial to recognize the legal challenges that can arise from doing business. Expert business solicitors like the team at Scott Bailey help steer marine businesses through the treacherous legal waters, ensuring their voyage to growth and success remains smooth and trouble-free. SeaWork is not just an event; it’s a platform for SME businesses to make a splash in the maritime industry. However, what do you do when you have … Continue reading

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What is Independent Legal Advice, and why do I need it? 

An individual client is often required to obtain independent legal advice (or “ILA”), from an independent legal adviser, in respect of their transaction documents. Usually, the solicitor, legal executive or licensed conveyancer, will provide a signed certificate stating when and where they provided the impartial advice. If a dispute arises regarding the documentation, the solicitor may be called upon to confirm that independent advice was provided and the correct process was followed. Increasingly, some law firms don’t want to provide independent legal advice to clients, often seeing it as a hinderance, but we are happy to help. Why do I need independent legal advice? If you have ever read through a mortgage document, you will know that the lender has serious powers in terms of what it can do if payments are not received as and when they are due. … Continue reading

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Assigning a lease – what to expect as a tenant

Assigning a lease involves transferring your current lease to another entity (whether an individual, partners, or a limited company) who takes your place. Accordingly, the new tenant steps into your shoes, and takes on your rights and obligations under the contract. In the commercial property context, this proves particularly useful for businesses who wish to change locations, or need to move into a different sized premises. However, there are a number of points to consider to help you best to protect yourself in the process.  Firstly, most leases will contain a contractual term dictating that assignment can only occur with your landlord’s consent. Therefore, it is important for you as the outgoing tenant obtain a licence to assign. Fortunately, the Landlord and Tenant Act 1927 puts the landlord under an implied duty to not unreasonably withhold consent to a lease … Continue reading

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What is a Rentcharge (and do they matter)?

Rentcharges are historic mechanisms which allowed Landowners to sell land to developers at a reduced sum and in return receive a yearly income from the land. The landowner who received the sum would be known at the rentcharge owner. Such mechanisms were popular in the Victorian times although were also seen in developments as late as the 1970’s. In 1977 the Rentcharges Act abolished the creation of new rentcharges subject to a few exceptions. The Act also created a ‘shelf life’ for any existing rentcharges of 60 years and such relevant rentcharges are due to expire in 2037. Remedies The remedies afforded to a rentcharge owner under Section 121 of the Law of Property Act provides that if a rentcharge has not been paid for a period of 40 days the rentcharge owner has a statutory right to pursue the arrears … Continue reading

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Eviction ban extended, but there is some help for landlords

The latest COVID eviction rules (the memorably named “Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021”) came into force last week extending the suspension of evictions for residential tenants. The regulations provide that no evictions can take place in England until 21 February 2021. However, there are some exemptions to the ban on residential evictions in certain serious circumstances. These include cases involving trespassers, antisocial behaviour and “substantial rent arrears” (rent arrears of 6 months or more). When making an order for possession, the court should record whether the order falls within one of the exemptions. In the previous bans on eviction, the substantial rent arrears exemption only applied where there were 9 months’ arrears on or before 23 March 2020. Such approach has caused many landlords to suffer considerable financial hardship, and so this loosening will be welcomed. … Continue reading

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Selling your care home: legal issues to consider

As financial pressures mount on the care home industry, whether due to local authority funding, COVID-19, or a range of other issues, there are a number of actions care home operators may be considering to keep costs down and this may include disposing of one or more care homes. Whether you are an operator running a group of care homes wanting to consolidate your portfolio, or a sole operator wanting to retire and enjoy your next chapter, making the decision to sell a care home is not an easy one. However, with the right legal support and planning, you can increase the likelihood of a successful, smooth transaction. Structure of the transaction: share sale or asset sale When you operate a care home via a limited company, whether the sale is to be structured as an asset sale or a … Continue reading

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UK COVID-19: Government extends protections for commercial tenants

After much speculation, on 15 September 2020 the UK Government further extended protections to business tenants in England. Current COVID-19 protections for commercial tenants Currently, commercial tenants benefit from various protections arising from the COVID-19 pandemic such as the temporary ban on landlords forfeiting commercial leases as a result of non-payment of rent, and a requirement for at least 189 days of unpaid rent to be outstanding before Commercial Rent Arrears Recovery (CRAR) may take place. The temporary prohibition on forfeiture was due to end on 30 September 2020. What has changed? Section 82 of the Coronavirus Act 2020 prevents landlords from using a right of re-entry to bring a business tenancy to an end on the basis of non-payment of rent during the “relevant period” as defined in the legislation. The “relevant period” has now been extended to come to … Continue reading

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