Five reasons you should always have a written lease

Posted by John Chesworth Jun 10th, 2010, in Commercial property update

I am currently acting for many landlords who are seeking to deal with tenants who are defaulting on their obligations. What I have found surprising is the number of tenancies that commercial landlords enter into without having a properly drawn up lease. While I fully understand the wish to save money in these tough times, renting out commercial property without a properly drafted lease will end up costing the landlord more in the long run. I have set out below five reasons why you should always have a written lease when renting out commercial property. (more…)

What a relief…

Posted by John Chesworth Oct 12th, 2009, in HD comment

With many businesses struggling at present it is not uncommon for rents to go unpaid giving landlords the right to terminate the lease by re-entry.  Unless there is a cue of tenants waiting to fill the vacant property some landlords take the view that it is better to give the tenant some breathing space and assist their recovery by taking a flexible approach to the recovery of arrears.  At the very least this avoids a potential business rates liability for the landlord. (more…)

Out Foxed

Posted by John Chesworth Jul 27th, 2009, in Commercial property update

A national estate agent, Foxtons, has received a severe reprimand in a High Court ruling that gives some welcome good news to residential landlords.   This ruling may effect many buy to let landlords who are considering selling to their existing tenants, or are simply agreeing to continuations of an initial term with the same tenant. (more…)

Squatters’ Rights?

Posted by John Chesworth May 19th, 2009, in Commercial property update

Yes, that’s me serving court proceedings on a group of travellers who had set up camp on a site owned by one of our clients across from Sedbergh School.  Who says solicitors don’t get their hands dirty?

In situations like this, many people think that the law provides some form of squatters’ rights which prevent the owner from evicting those who have occupied their land.  This view is reinforced by tales of travellers remaining on sites for many weeks and sometimes flouting efforts to remove them through the courts.  This can often result from a failure of the owner or their advisers to fully understand and comply with the legal procedures that govern this area.  However, where land is owned privately, there should be nothing to prevent the owner from getting a swift possession order from court where the occupant is not, and has not, been a tenant and, has entered or remained on the land without the owner’s permission. (more…)

Building Preston’s future

Posted by John Chesworth Feb 24th, 2009, in HD comment

On Tuesday this week I attended a discussion group hosted by the Lancashire Evening Post with several property experts from Preston’s business community.  One of the main areas of discussion was the future regeneration of Preston and in particular the proposed Tithebarn scheme. 

The consensus around the discussion table was that Tithebarn is a fantastic opportunity which will bring massive investment and employment opportunities not only in Preston but also for businesses and people in towns across Lancashire.  It is to be expected with a development of this scale that there will be some controversial decisions that have to be made.  Some people will mourn the passing of the bus station, I have to say, I will not be one of them.  (more…)

Get off my land!!!

Posted by John Chesworth Feb 2nd, 2009, in Commercial property update

A recent High Court judgment serves as a reminder to landowners of what are commonly referred to as “squatters rights”.  Alston v BOCM concerned land owned by BOCM which had been farmed by Alston for a number of years.  When BOCM wanted to get possession of their land back, Alston claimed that they had acquired the land due to the length of time they had been in occupation under the legal principle of adverse possession.  The surprising aspect of this claim was that Alston had been granted a favour by the original owner, allowing them to use the land rent free, and a change in ownership of the land was the trigger for Alston becoming a squatter and ultimately gaining ownership.  (more…)

5 things a tenant should know about commercial leases

Posted by John Chesworth Jan 19th, 2009, in Commercial property update

The majority of businesses need premises to operate from, whether they be for offices, workshops, factories or storage facilities.  While some businesses own the premises they operate from, most occupy under a lease paying a market rent.  But, there is more to a commercial lease than the payment of rent and the answers to the following commonly asked questions will give potential business tenants some useful guidance:- (more…)

HD rescues 25 jobs at Palgrave Brown

Posted by John Chesworth Jan 15th, 2009, in Client projects

It was a real case of one door closing and another one opening for some staff at troubled timber merchant Palgrave Brown.

After a great deal of hard work with Ian Douglass, from Douglass Grange Chartered Accountants, we helped safeguard 25 jobs following the acquisition of Palgrave Brown’s doors division.

We advised Pendle Doorsets Limited on its acquisition of the business and assets comprising Palgrave Brown’s door division based in Castleford. The purchaser also agreed new lease terms with British Waterways for the continued operation of the business from its canal side premises. (more…)