FAQs

From here you will find answers to the most frequently asked questions across all our services. Using the filter simply choose either business or individual to access the complete range of services available. Can’t find the answer you are looking for? Contact us to discuss your query.

How long will it take to get my compensation?

A

This varies considerably depending on several factors, including how cooperative the defendant and their insurers are, and whether they are prepared to admit liability for your claim at an early stage, but also depending on your recovery period and length of time that it takes to obtain the full medical evidence to support your case.  On average, and depending on these factors, most cases take anything between six months and three years to conclude, although complex cases can take longer than this if they proceed all the way to a court hearing.

What is a success fee?

A

A success fee is the element of legal costs that we are entitled to charge if we win the case, to compensation us for having taken a risk that we would not be paid if we had been unsuccessful.  It is the success fee that you are asked to contribute out of your compensation as we are no longer able to recover that element of legal fees from the defendant, even if we win the case, because of legal changes made by the government in 2013.

How much will a PI claim cost me?

A

Your claim will cost you nothing at all if we are unsuccessful as you will be protected from having to pay any legal costs in those circumstances.  If we are successful with your claim you will be asked to make a contribution towards your legal costs out of your compensation but this will be capped at no more than 25% and you will therefore recover at least 75%.

What are dilapidations and how can I calculate them?

A

Dilapidations is the technical word used to describe the repairs which need to be carried out at a property at the end of a tenancy.  A tenant’s obligations in relation to dilapidations are defined by the tenancy itself, and are not always related to the condition of the property when the tenant took it on.

If you are a landlord wishing to pursue a tenant in relation to dilapidations there are certain steps you need to take before you can pursue such a claim, and it is sensible to get early legal advice on those options.

If you are a tenant who thinks a dilapidations claim may be made against them, it is important that you take steps before the end of the tenancy to complete any works which you think need to be done.

If, as a tenant, you think there is likely to be a dispute over the dilapidations, it is also important that you gather evidence prior to your departure from the property in the form of a surveyor’s report and/or photographic evidence showing the condition of it when you leave.

I have been served with a section 146 notice, what is this and do I need a solicitor?

A

A section 146 notice is served by a landlord when they consider their tenant to be in breach of the terms of the tenancy. 

Other than in relation to unpaid rent (where a section 146 notice isn’t required, but sometimes served), a section 146 notice is a necessary first step in the process of recovering possession of a property. The notice must give the tenant a reasonable period of time to comply with its requirements.  Should the tenant fail to comply, the landlord can take steps to terminate the tenancy, resulting in the tenant being evicted from the property.

If the tenant accept the contents of the section 146 notice but wish to avoid being evicted, they should comply with its requirements as soon as they are able.  It is also sensible to engage in discussions with the landlord to let them know they are doing that.  If some additional time is needed to comply, the tenant should ask the landlord, Providing the request is reasonable, they should accept your request.

If the tenant contests the contents of the section 146 notice because they do not believe they are in breach, then it would be sensible to consult with a solicitor so that a formal response can be given to the landlord.  It makes sense to do this before the landlord issues proceedings seeking to evict the tenant from the property, as in the long run that is likely to save a considerable amount of money.

What licence do I need to run a pub?

A

You are going to need a premises licence in order to provide any of the following licensable activities:

  • The sale of alcohol
  • The provision of regulated entertainment
  • The provision of late night refreshment

We can apply for a premises licence on your behalf and guide you through the complex application process as well as arrange to advertise your application in a local newspaper as required.

What do I need to do to get a licence?

A

You will need to complete a premises licence application form and submit it to the relevant Licensing Authority (and relevant authorities) together with a scale plan for the premises. If you intend to sell alcohol then you will need to nominate a Designated Premises Supervisor (DPS) on the application. The DPS will need to provide a consent form (the DPS also needs to hold a personal licence) and you will also need to submit the relevant fee with the application.

After you have put your application in you'll need to:

  • place a public notice on your premises to allow for 28 days’ consultation 
  • place the same public notice in a local newspaper within ten working days of submitting the application

There will be a 28-day consultation period which allows consultees and members of the public time to consider your application, and raise any concerns under the licensing objectives. Once this period has expired without any representations having been made, your premises licence will be granted.

A hearing must be held if any representations are made in respect of the application. If a hearing is held it can result in the licence:

  • being granted
  • being granted subject to additional conditions
  • have licensable activities listed in the application be excluded
  • being rejected

A premises licence lasts for an unlimited time unless the licence is revoked, suspended or surrendered.

I want to buy a pub what should I do?

A

Buying a pub can be a hugely nerve-wracking experience with many aspects to cover before you get your name above the door.

The first step is to decide whether it is in fact the life for you. It is important also to research, plan and adapt your business strategy. Decide how you want to own the business and consider the following options:

  • Take a tenancy for a number of years tied to a brewery - this business will not be your own
  • Take a lease for a longer period of time which will allow you to have more control
  • Purchase the freehold where every aspect of the business is yours outright.

Regardless of which option you choose, all businesses need supply chains to succeed and you must consider the costs of purchasing stock, products and equipment, including leasing of any third-party items.  It may be that you want to continue with existing suppliers but also consider the opportunities available with new suppliers and the benefits of signing up to new agreements.

Licensing is an important aspect of any public house business purchase. It is important that you transfer any premises licence into your name or someone of your choosing. A premises supervisor will be responsible for ensuring that the conditions of the premises licence are complied with at all times. The premises licence will determine what, when, and how you will be able to carry out activities in the business, varying from service of alcohol and food through to opening hours and even entertainment allowed in your pub. You should consider if the existing premises licence fits with your strategy and whether any applications need to be made to vary the licence such as extending opening hours.

I have been served with a section 146 notice, what is this and do I need a solicitor?

A

A section 146 notice is served by a landlord when they consider their tenant to be in breach of the terms of the tenancy. 

Other than in relation to unpaid rent (where a section 146 notice isn’t required, but sometimes served), a section 146 notice is a necessary first step in the process of recovering possession of a property. The notice must give the tenant a reasonable period of time to comply with its requirements.  Should the tenant fail to comply, the landlord can take steps to terminate the tenancy, resulting in the tenant being evicted from the property.

If the tenant accept the contents of the section 146 notice but wish to avoid being evicted, they should comply with its requirements as soon as they are able.  It is also sensible to engage in discussions with the landlord to let them know they are doing that.  If some additional time is needed to comply, the tenant should ask the landlord, Providing the request is reasonable, they should accept your request.

If the tenant contests the contents of the section 146 notice because they do not believe they are in breach, then it would be sensible to consult with a solicitor so that a formal response can be given to the landlord.  It makes sense to do this before the landlord issues proceedings seeking to evict the tenant from the property, as in the long run that is likely to save a considerable amount of money.

What are dilapidations and how can I calculate them?

A

Dilapidations is the technical word used to describe the repairs which need to be carried out at a property at the end of a tenancy.  A tenant’s obligations in relation to dilapidations are defined by the tenancy itself, and are not always related to the condition of the property when the tenant took it on.

If you are a landlord wishing to pursue a tenant in relation to dilapidations there are certain steps you need to take before you can pursue such a claim, and it is sensible to get early legal advice on those options.

If you are a tenant who thinks a dilapidations claim may be made against them, it is important that you take steps before the end of the tenancy to complete any works which you think need to be done.

If, as a tenant, you think there is likely to be a dispute over the dilapidations, it is also important that you gather evidence prior to your departure from the property in the form of a surveyor’s report and/or photographic evidence showing the condition of it when you leave.

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