Q) If I am buying a bar or a pub will I have to gain a licence in order to sell alcohol on the premises?
A) Yes. It is necessary that you obtain a licence if you wish to sell alcohol on the premise. Our licensing department provides specialist advice from the planning stage through to opening.
Q) I am intending on purchasing a farm, do you work on agricultural matters?
A) Yes. We advise on all agricultural matters ranging from acquisition and disposal of farms right through to the tax planning.
Q) What searches will I, as a buyer, have to carry out?
A) We strongly recommend undertaking all the relevant searches when it comes to buying or leasing a property. Such searches range from the usual Local Search through to Environmental Search, Commons Search and Public Footpath Searches depending on the type of property which you are to purchase.
Q) Is it necessary for me to carry out a survey if I am only taking out a lease and not buying a property?
A) Yes. Taking out a survey on a lease is equally as important as taking one out if you were to buy a property. It is likely that you will have repairing obligations under the terms of the Lease and therefore it is vital that you are aware of the condition of the property before you commit to leasing it.
Q) If my Landlord has given me Notice to leave the property is there any way I can remain in the property and not be forced out by my landlord?
A) A tenant of commercial property may have security of tenure beyond the end of his Lease. The tenant must receive the appropriate term of notice to leave. If the tenancy is a protected tenancy under the 1954 Landlord and Tenant Act, the landlord will only be able to take possession of the property under certain grounds - for example that he wants to use the property for his own use. However, in many commercial cases, a landlord will seek to exclude the provisions of the 1954 Act, so that a tenant will be required to leave at the end of the term of the Lease.
Q) I have been told that my landlord has the right to forfeit the lease. Is this true?
A)Yes. A tenant may have his Lease forfeited, if he breaches the terms of the Lease. In particular if he fails to meet the rent payments. In some cases, the breach can be remedied, within a certain time and then the tenant will not be subject to the forfeiture of the Lease.
Q) What is a service charge and when is it recovered?
A)A service charge is a payment to the Landlord, by the tenant in respect of services that the Landlord has provided relating to the building. Examples of such charges are for maintenance of the structure of the builidng, lift services, lighting to communal areas, repair of car parking spaces, the provision of gardening, window cleaning etc. All matters relating to service charges are set out in the Tenancy Agreement. Usually service charges will be estimated for the year ahead and collected either monthly or quarterly. Following the end of the service charge year, accounts will be produced and if too much service charge has been paid, the balance will be repaid to the tenant, or carried over to the next service charge year. If too little has been paid, then the tenant will be asked to pay a further sum to cover the shortfall.
Q) Does it matter if I am buying premises as part of an ongoing business?
A)Yes. The transaction could be structured in two different ways, firstly as the purchase of a business or secondly as the purchase of assets. Depending upon your choice will affect both tax and legal liabilities. If you want to know the best way to handle your purchase then take legal advice from our group of specialised solicitors.
Q) I want to amend and make alterations to a set of premises I have recently purchased. Can I do so?
A)You may require Planning Permissions and/or Building Regulations for your proposed alterations. This will need to be checked and ideally any plans that you have will have been discussed with your solicitors prior to the purchase. Additionally, there may be restrictive covenants, which prevent the alteration of the premises, or if the premises are leasehold, alterations may not be permitted under the terms of the Lease, or the consent of the Landlord may need to be obtained prior to the alterations being carried out.
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