The dangers of DIY leases

Gemma. March blog photo

The dangers of DIY leases

It may be tempting for both landlords and tenants of commercial properties to try and save money on legal costs by dealing with the matter between themselves. There are a number of downfalls that a landlord / tenant may fall foul of. Commercial property Solicitor, Gemma Eastham, looks at the pitfalls.

SDLT liability – tenants

Whether SDLT will be payable will generally by determined by whether a premium is being paid for the grant or assignment of the lease, the value of the annual rent per annum and the length of the lease.

Where no SDLT is payable, a tenant may still be required to notify HMRC (submit a return to HMRC).

Failure to submit a return and pay the duty (if any) within 14 days of the effective date of the transaction will lead to a fixed penalty of £100 and interest being charged on any SDLT and if the date of submission is more than 3 months after the filing date, the fixed penalty will increase to £200.

When do you need to register a lease at H.M Land Registry?

Leases granted for a period of more than seven years and certain other types of leases need to be registered at HM Land Registry.

It is worth pointing out that any easements contained in a lease, such as rights to access the demised premises through common areas or the use shared facilities, i.e car parks, will not take effect at law unless they are registered, even where the lease itself does not require registration.  For a tenant, it is therefore important to ensure that any registration requirements are adhered to.

Unwritten tenancies

Unwritten tenancies are dangerous for both parties to a commercial tenancy because there is no clear record of the terms that have been agreed.

A landlord, for example, will have no right to forfeit the tenancy in the event of a breach of the terms of the agreement because an express forfeiture clause is required for this.

With a business tenancy it is important to ascertain whether the agreement is within the security of tenure provisions contained in the Landlord and Tenant Act 1954 (the right for the tenant to renew the tenancy at the end of the term).  If there is no express clause excluding these provisions in the agreement and the Landlord and Tenant Act 1954 has not been ‘contracted out’, the tenancy will be deemed to be within the Act.

This means that the tenant will generally be entitled to request a new lease from the landlord at the end of the contractual term of the existing lease. The landlord would only be able to bring the tenancy to an end by serving notice on the tenant in the prescribed form, which requires the landlord to give the tenant not less than 6 months’ notice.

This may affect any provisions which have been agreed between the landlord and tenant.

For example, a landlord and tenant may have verbally agreed that either party can bring a lease to an end by giving one month’s notice to the other party. Legally, the landlord would not be able to rely on this provision and would need to follow the above statutory procedure (6 months’ notice).

The full extent of this topic could be covered in something far longer than a blog, but these are some key areas that both landlords and tenants should consider before proceeding. Seeking appropriate legal advice at the outset could potentially save a landlord and/or tenant money in the long run. Legal advice is always recommended.

For further information, please contact our Commercial team at MBH Solicitors:

http://www.wigansolicitors.com Tel: 01942 206060 Address: 26 Bridgeman Terrace, Wigan WN1 1TD.

 

 

My Work Experience at McCarthy Bennett Holland Solicitors

My name is Nathan, and I currently study law at Winstanley College in Orrell. I was given the opportunity to attend a work placement, courtesy of MBH Solicitors, to further my knowledge regarding my dream job as a solicitor, on the 20th to the 24th of January. This was ultimately to help obtain a first-hand experience of the job and to also better myself in the industry by observing consultations between qualified solicitors and their clients. In addition, I was also shown how to fax, scan and photocopy documents such as driver’s licences and other files, all under written and signed agreement of complete and utter client confidentiality.

To recollect upon my many consultations within conveyancing, alongside Ms Caroline Rooks, I can personally say I have benefited greatly from these instances, both observing the process of a consultation, in addition to the interaction and bond between client and solicitor. These consultations illustrated the inside work of solicitors, that non-members of the profession rarely get to see. Therefore I count myself extremely lucky for this opportunity to observe and participate in these ‘inner workings’ further expanding and enhancing my dreams to become a solicitor.

I personally prefer to receive an education, in such ways as work experience, as I strongly believe that it is ultimately more beneficial than receiving lectures from teachers or producing notes on the matter. As the knowledge is firstly provided by an individual practicing the profession, who is guaranteed to possess extensive first-hand knowledge, and therefore can provide a dependable and decisive vision into the duties of a solicitor and provide evidence (in ways such as consultations) of these necessities, whilst also being in a position to highlight alternative routes to enter the profession, other than the traditional university route, by way of sharing their journey to their current status.

I would highly recommend participation in work experience, if given the opportunity, as it has been an unforgettable week. Working alongside such amazing people as Caroline Rooks in Conveyancing, Gillian Lavelle within family Law, Gemma Eastham in regards to Commercial Conveyancing and Paul Aynsley specialising in Litigation. Each of these incredible people kindly allowed me to work alongside them, whilst I possessed no knowledge of the profession whatsoever, providing me with; expert knowledge, answers to my many questions, a qualified insight into the career, suggestions and much needed help to better myself within the law: in my hope of becoming a solicitor in the subsequent future.

I would like to thank McCarthy Bennett Holland Solicitors, for providing me with this fascinating and enriching experience, and I would also like to go on to personally thank all the staff including Caroline, Gillian, Gemma, Sammy, Paul, Geri, Louise J, Jane, Linda, Rosie, Julie, Joanne, Megan, Kath and Louise H, for such an amazing week, you all made me feel so welcome and happily answered any question I had, I hope to return in the near future as a fully qualified solicitor, to inform you of the huge influence you all had to my life and career path.

Thank you so much,

Nathan Mckee

Retirement for Mark Boon

McCarthy Bennett Holland Solicitors (MBH) would like to announce the retirement of their Consultant and former senior Partner, Mark Boon as from 1st November 2019.  We are sad to see him go but wish him all the best in his retirement.  Mark was a key member of MBH for over 30 years and has an excellent reputation and standing in the community.

As most of Mark’s clients will be aware, Gemma Eastham joined us in May 2019 and is also assisted in the commercial department by Louise Jones who has worked alongside Mark for a lengthy period of time prior to his retirement. Moving forward, Gemma & Louise will continue to grow the commercial department and are both available to all clients, old and new.

Paul Aynsley, Senior Partner, paid tribute to Mark:

“I am honoured to have worked alongside someone of Mark’s talent. Not only an exemplary lawyer, he combined a warmth, charm and compassion which benefited all staff and clients alike.  He is respected by all who have had the pleasure of working with or knowing him.

“On behalf of the whole firm, I thank him for all that he has given to us and our clients over the years.

About MBH Solicitors

MBH Solicitors has been in business since 1971 and has a widespread and diverse client base. The firm is forward thinking and offers electronic or traditional ways of conducting your case.  A modern approach is taken to ensure that you are provided with an efficient service.

MBH offer the following services:

  • Commercial Advice & Litigation
  • Commercial Property
  • Company Share Sale & Acquisition
  • Landlord & Tenant
  • Commercial Leases
  • Business Acquisition & Sale
  • Shareholder Agreements
  • Wills & Probate (Estate Management)
  • General Litigation & Dispute Resolution
  • Personal Injury & Clinical Negligence
  • Residential Conveyancing
  • Family, Children & Divorce Law
  • Employment Law

MBH’s prices are competitive and fixed fees can be offered where appropriate.

Contact MBH Solicitors on 01942 206060 or by e-mail to mbh@wigansolicitors.com  For further information please visit our website www.wigansolicitors.com

 

Fresh Legs & New Blood for McCarthy Bennett Holland

Mark Boon having been a partner in MBH Solicitors for 34 years has decided to retire as a Partner with effect from the 30th April 2018.  Mark will however remain as a Consultant to the firm continuing to serve his established clients, many of whom have become friends over the years.  Mark will also continue to provide professional consultancy services to the practice as and when required.

Paul Aynsley will replace Mark as Managing Partner in the practice and Caroline Rooks will join the practice in addition as joint Managing Partner.

MBH are also pleased to announce that Gillian Lavelle has now returned from maternity leave and has been named its newest Partner, effective from 1st May 2018. The promotion strengthens one of the firm’s core practice areas: Family Law and adds further depth to the firm. Gillian has been with the firm since 2015 and already has a wealth of experience in her respective area of expertise.

Gillian initially trained and qualified as a Legal Executive whilst working for a top 500 firm before continuing with her education and dual qualifying as a solicitor. She has worked in the field of Family Law since 2010 in the Wigan & Manchester area. She has experience in Family Law including divorce, financial, children and cohabitation disputes. Gillian is highly respected by clients and fellow professionals alike.

“We welcome Gillian to the Partner team, and fully expect that she will continue to use the experience, skill and work ethic she has demonstrated since joining our firm to achieve the best results for our clients. She is dedicated to the future of the firm and is well-deserving of this promotion” says Paul Aynsley, Managing Partner.

We are also pleased to announce that Kim Busby has qualified as a solicitor as of 1st February 2018.  She is now dual qualified as a Fellow of the Chartered Institute of Legal Executives and as a Solicitor.

“We would like to congratulate Kim on her dedication and professionalism”, says Caroline Rooks. “Our clients will continue to benefit from her expertise and further training.  We are delighted that Kim has qualified as a Solicitor and her dual qualification will strengthen the family team”

About MBH Solicitors

MBH Solicitors has been in business since 1971 and has a widespread and diverse client base. The firm is forward thinking and offers electronic or traditional ways of conducting your case.  A modern approach is taken to ensure that you are provided with an efficient service.

MBH offer the following services:

  • Commercial Advice & Litigation
  • Commercial Property
  • Company Share Sale & Acquisition
  • Landlord & Tenant
  • Commercial Leases
  • Business Acquisition & Sale
  • Shareholder Agreements
  • Wills & Probate (Estate Management)
  • General Litigation & Dispute Resolution
  • Personal Injury & Clinical Negligence
  • Residential Conveyancing
  • Family, Children & Divorce Law
  • Employment Law

MBH’s prices are competitive and fixed fees can be offered where appropriate.

Contact MBH Solicitors on 01942 206060 or by e-mail to mbh@wigansolicitors.com

For further information please visit our website www.wigansolicitors.com

WIGAN 10K & THE LEWY BODY SOCIETY

On Sunday 4th September 3 members (myself included) of McCarthy Bennett Holland will don their workout gear and attempt the Wigan 10k.  We do this not to raise awareness of MBH but in an attempt to raise awareness for the Lewy Body Society.

Most of you are probably thinking right now, what is Lewy Body?  Well a friend and the chairwoman of The Lewy Body Society told me that it is the worst bits of Alzheimer’s and Parkinson’s Disease put together.  Sounds horrendous doesn’t it and yet it is relatively unknown to most.  I am told that wrong diagnosis can cause serious problems and difficulties for sufferers with Lewy Body.

MBH therefore wanted to help.  Of course if you would like to donate to this worthy cause the link is below.  But perhaps just take a moment to read about Lewy Body and share or like this post.  Awareness helps.  Awareness matters.

https://www.justgiving.com/fundraising/lbsorgwigan10k

Team MBH: A Growing Wigan Business

McCarthy Bennett Holland is delighted to welcome family and matrimonial lawyer Gillian Lavelle to the fast-growing firm.

Gillian, dual-qualified as both a Solicitor and a Fellow of the Institute of Legal Executives, brings with her over ten years’ experience in dealing with all aspects of family issues. Here, she speaks about her move to MBH and the services she can offer.

Gillian, has your career always focused on family and matrimonial matters?

Yes; my early experience was gained as a paralegal within a litigation team but I concentrated primarily on disputes relating to unmarried, cohabiting couples. I continued to build on this, moving into more general family matters, including those relating to children, and subsequently to develop my expertise in dealing with divorce. I now deal with cases across the full breadth of family and matrimonial separations and disputes.

What prompted your move to MBH?

McCarthy Bennett Holland is a long-established, well-regarded and growing firm in an area within which I have worked for some time. When the opportunity to join the team arose, I jumped at the chance; I’ve worked with MBH on a professional level before and so I knew the quality of the work that the firm does and I was keen to continue to develop my career here.

What will you be offering clients of the firm?

We always offer family and matrimonial clients a free 30-minute initial consultation to discuss their case and agree a way forward. We will discuss costs and potential outcomes so clients are fully aware of what to expect. MBH is also able to offer mediation services, ensuring a full service to separating and divorcing couples is available.

Family law and financial settlements in particular have featured heavily in the news recently; how has the law been affected?

The recent ruling by the Supreme Court stresses the importance of reaching and concluding a financial settlement as part of divorce proceedings. A former wife, who split from her husband some 20 years ago, is pursuing her former husband for a substantial financial sum. Following their split, he went on to have a successful career which led to him accruing considerable wealth.

The case has many different strands to it but central is the fact that, when the divorce was finalised, the former couple’s financial matters were not. No agreement was agreed or signed and no ‘clean break’ achieved which would have drawn to a close any claims that either husband or wife had against the other. As a result, even 20 years on, the Court has ruled that the wife is able to lodge a claim against her former husband’s estate.

What lessons can be learned from the case? 

There are two strands to divorce proceedings; concluding the divorce itself in order to bring the marriage to an end, and reaching agreement on financial issues. Couples going through a divorce must ensure that they not only receive their Decree Absolute but conclude a full and final settlement dealing with all financial matters, setting out what each party will receive from the couple’s assets.

 

  • Together with Gillian’s appointment, MBH has promoted two colleagues to Partner status. Conveyancers Caroline Rooks and John Petrie join the partnership at the firm and will continue to grow the busy residential conveyancing department.

Of the recent appointments, Senior Partner Mark Boon comments, “McCarthy Bennett Holland has experienced significant growth in recent months and we are pleased to be able to announce these latest appointments and promotions.

Gillian’s all-round expertise in family and matrimonial cases, and her particular specialism in managing cohabitation disputes, will serve our clients well and she brings with her new ideas to develop the family team.

Promoting Caroline and John to the partnership is an exciting step for MBH and recognition of the significant contributions they have made to the firm. We are proud to be able to offer these opportunities to valuable members of our team and look forward to continued growth in the coming months and years.”

Are you a Commercial or Commercial Property solicitor looking for a new opportunity with a growing local firm? McCarthy Bennett Holland’s commercial team is expanding and we are looking to recruit solicitors from newly qualified to 3 years PQE to join our respected and ambitious practice. Please contact Mark Boon at MBH for more information; details below.

About MBH

McCarthy Bennett Holland, established in Wigan since 1971, offers a personal service across a wide range of legal practice areas, including residential and commercial property, family and matrimonial, wills and probate, employment, personal injury and company commercial.

Contact Mark Boon, partner at MBH Solicitors, to discuss your property or other legal requirements in confidence at:

www.wigansolicitors.com
Tel: 01942 206060
Address: 26 Bridgeman Terrace, Wigan WN1 1TD
Twitter: @MBHSolicitors