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COVID-19 and the recovery of commercial rent arrears Commercial landlords have been significantly impacted during COVID-19 due to various legislative changes preventing any meaningful enforcement of commercial rent arrears. As lockdown...
Commercial Rent (Coronavirus) Bill - what we know so far In response to the devastating impact of COVID-19 on many UK businesses and their inability to pay rent, the UK Government is set to introduce a binding arbitration scheme to deal...
COVID-19 and its effects on employment With the current crisis in full flow, the government has introduced a number of emergency measures to help businesses and employees through this crisis. Extension of Statutory Sick Pay Employees who are sick...
Furlough leave and what this means for employers The Government has announced extraordinary measures to help keep businesses afloat during the global COVID-19 pandemic. One of these measures is the ‘Coronavirus Job Retention Scheme’ which...
LEGALESE: “NOTWITHSTANDING” “Notwithstanding”. It’s a bit of a mouthful. When used in a contract the term indicates that what is being said in a clause (Clause 2) takes priority over the contents of another clause (Clause...
LEGALESE: “ WITHOUT PREJUDICE TO ” “Without prejudice to”. Whilst it sounds like a strange phrase, you will often find it written in contracts. The term indicates to a reader that what is being said in a clause (Clause 1)...
LEGALESE: “THIRD PARTY” The term “third party” in a contractual context refers to any person (which includes a company, partnership or other entity) who is not a signatory to a contract. Third parties often appear in contracts...
STRUCTURE OF A COMMERCIAL LEASE Leases can be lengthy and complicated documents. Well drafted leases however tend to follow a similar format. Below is a quick glimpse at the format and key parts of many commercial leases: Date of the Lease – One...
FIELDINGS PORTER ADVISE ON SET UP OF NEW ADVENTURE TO HELP YOU REAL AXE WITH A POINT AND A PINT Fieldings Porter’s David Darlington, an Associate Solicitor in the Commercial Department, recently advised Real Axe Ltd on the opening of a new axe...
LEGALESE: “SUBJECT TO” The phrase “subject to” is used quite a lot in contracts. It indicates to a reader that they should cross reference the current clause they are reading (Clause 1) with another clause elsewhere in the...
PARTNERSHIP AGREEMENTS – THINGS TO THINK ABOUT A partnership exists when two or more people start a business together with a view to making a profit. There are 3 types of partnership in England and Wales; a conventional partnership, a limited...
LICENCE TO OCCUPY – USEFUL OR DANGEROUS? What is a Licence to Occupy? A Licence to Occupy (Licence) is a personal agreement between a property owner (Licensor) and an occupier (Licensee). Under a Licence the Licensor provides the Licensee with...
You could be a tenant that has finally secured the perfect business premises or a landlord that has been approached by the ideal tenant, but your work is not over yet. It is essential that you now secure favourable lease terms. Below is a list of the sort...
Break Clauses - Top Tips for Commercial Tenants A break clause is a provision in a lease that allows a tenant to terminate their lease well before the lease expiry. Having a break clause is particularly helpful when a tenant’s business is performing...
Every business owner, director, partner or sole trader should prepare a Lasting Power of Attorney as part of an effective business continuity plan. As a business owner I’m sure you have considered what would happen in the event of your death...
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