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February 2012
Putting lawyers in touch with the youth of Oldham
Pearson Hinchliffe partner, Michael Pitt, takes over as 2012 Oldham Law Association President.
MoreThe Landlord and Tenant Act 1954: Ending and renewing business tenancies
11th November 2008
In 2008 we find ourselves in an economic downturn that is affecting commercial projects. The Landlord and Tenant Act 1954 (“the Act”) was introduced over 50 years ago in a struggling economy to encourage new businesses to set up by alleviating business tenants ‘end of term’ concerns.
Whilst the provisions of the Act have been watered down since their initial post-war introduction, the aim of the Act remains the same: to incentivise entrepreneurs and stimulate the economy by providing security for business tenants.
The provisions of the Act and later reforms are strict and technical in nature and continue to be interpreted and applied by the courts in this way.
What should be done.
Consideration should be given well before the expiry of the contractual term of any tenancy by both the landlord and tenant and legal advice should be sought as to how to accommodate the requirements of the party or parties seeking to rely upon the provisions of the Act, even if this is simply to understand the implications of holding over for both the landlord and the tenant.
Subject to the tenancy not being legally excluded from the Act at the outset, the landlord, tenant and each parties’ legal advisors should initially consider whether the tenancy is still a tenancy which is protected under the provisions of the Act. This consideration is often overlooked.
To benefit from the protection of the Act, the property included in the tenancy must be occupied by the tenant for the purposes of a business. This short definition whilst appearing clear and uncontentious has been and continues to be the subject of numerous landlord and tenant disputes and continues to be a litigious area of law.
Specific advice on this and any other aspect of commercial property law can be provided by our specialist commercial property team.
Contact Us.
If you have any queries or questions about your business tenancy or any other property-related issue, please do not hesitate to contact Michael Pitt within our commercial property team on 0161 785 3500 or email:
michael.pitt@pearson-hinchliffe.co.uk.
Or click here to contact to a specialist property lawyer.
January 2012
Company and commercial law reforms to reduce red tape
Companies of all shapes and sizes have been asked for their views on how to tackle unnecessary bureaucracy in company and commercial law.
MoreJanuary 2012
Increase in unfair dismissal qualifying period will apply only to new employees
From 6 April 2012 the qualifying period of service for making a claim increases from one to two years.
MoreJanuary 2012
Maximum compensation for unfair dismissal increases from 1 February 2012
Annual revision of employment tribunal award limits and other amounts payable under employment legislation.
MoreDecember 2011
Health and safety laws to be cut by half
Government plans to slash health and safety red tape will mean substantial savings for small firms, business groups have said.
MoreNovember 2011
Weight Watchers case: the importance to employers of employment status.
The Upper Tier Tribunal holds 1,700 ‘leaders’ at Weight Watchers were employees for tax purposes.
MoreSeptember 2011
How to Conduct a Disciplinary Hearing
A recent presentation by Employment solicitor, Susan Mayall, setting out the stages for handling a disciplinary, referencing the ACAS Code of Conduct.
June 2011
ACAS Advice leaflet “Holidays and Holiday Pay”
Download the guidance covering arrangements for holidays and holiday pay.
October 2010
Recent Case Study: Commercial Landlord and Tenant - An Authorised Guarantee Agreement
Authorised Guarantee Agreements keep the original tenant on the hook in case a third party assignee defaults; they should be drafted with care.
July 2010
Recent Case Study: Doing Battle in the Boardroom
How Pearson Hinchliffe Commercial Law helped members of the Board of Directors achieve the outcome they sought in their boardroom dispute with a senior executive director.
May 2010
How the Mergers & Acquisitions team helped Lanes Group PLC achieve their LAS sell-off
Drainage specialists dispose £12.3 million majority stake in Lanes Assistance Services.
March 2010
PH Employment Direct
The Employment team at Pearson Hinchliffe Commercial Law have created PH Employment Direct - a user-friendly and simple service that gives you access to the best advice at the end of a phone 24hrs a day, 7 days a week, 365 days a year.
February 2010
Oldham Construction Sector
On 3 February 2010 Corporate Commercial partner Roger Hinchliffe delivered a presentation entitled, ‘Joint Ventures’ to the Oldham Construction Sector group.
January 2010
Debt Recovery Service
With our specialist commercial Debt Recovery service you can significantly increase the speed and likelihood of recovering the money owed to your business.