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.

I want to sell my business how much will it cost?

A

There are numerous factors that affect the sale of a business and there is no one size fits all answer to this question; your business is after all unique and something in which you have invested significant time and effort. If you are thinking of selling your business we have an experienced and dedicated corporate and commercial team who can guide you through the process and will be happy to provide you with a number of different options in terms of our costs.

Do I need terms and conditions for my business?

A

Properly drafted terms and conditions will provide clarity and help avoid costly disputes. They will help protect your business, ensure you comply with the law and prevent miscommunication with your customers. Whilst there are certain terms that are common from one business to another it is important to ensure that your terms properly reflect your business.

How do I buy a care home?

A

There is a lot to consider when buying a care home. Firstly, are you buying the existing company (i.e. the shares of the company through which the home is operated) or the business of that company? This is a fundamental question as it affects much of what follows. The care home will be an ongoing business and the apportionment of costs/liabilities/income etc. both before and after the purchase is completed will be affected. There are also regulatory considerations that must be borne in mind.

What are articles of association?

A

The articles of association are the basis of a company’s constitution regulating its operations. It is possible to adopt standardised model articles but it is important to consider your requirements as the articles can be amended to suit once they are properly understood. We can help you consider the options and tailor your company’s constitution. 

Do I need a solicitor to register a limited company?

A

It is not essential that you engage a solicitor but certainly advisable that you do. There are a number of different kinds of limited company and it may be that an alternative structure such as a Limited Liability Partnership is more appropriate. There are considerations that if not addressed correctly at the outset can have a significant impact later. Sound professional advice can help you deal with such issues properly and tailor the company to your specific circumstances.

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.

The tenant at the pub won’t leave, what can I do as the owner?

A

As the owner of the property there are a number of options available to you. You could pursue the tenant for the unpaid rent, perhaps by using County Court proceedings.  You may decide that the tenant is not going to be able to pay and would rather evict them from the property and install another tenant.  If that is the case, then it is important that you take legal advice early.  Attempts to collect the rent may prevent you from subsequently seeking to evict the tenant for failing to pay.

When advising we also take into account why the tenant won’t leave, if, for instance, they need to be re-housed by the Local Authority, then the commencement of proceedings is usually required before the Local Authority will deem the tenant to be homeless, and agree to re-house them.  

There also needs to be a realistic appraisal of the tenant.  Are they failing to pay because it is a particularly poor trading period and they will make up the money at some other time, or are they a perennial non-payer who needs to be evicted? 

We offer pragmatic advice on these issues, and the ways in which they can be resolved.

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.

Pages