Essex Business Forum

1. Know who you are dealing with. Sounds really obvious but is not only crucial but very often got wrong.

2. You can deal with someone as an Individual, as a sole trader, as a partnership or as a limited company. Identify which they are as soon as you start dealing with them – not later on during the trading relationship!  As some do to their cost…
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This blog post was originally featured on this members own blog.

Possession orders are used by property and land owners, private and public sector, to remove tenants and trespassers from property or land.

As the process is different  in each case, this article gives guidance on each situation.

Residential trespassers

As squatting in residential property is now a criminal offence under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. To remove squatters from residential property, call the Police who will attend, arrest and remove them.

Residential repossession

If a landlord wishes to repossess his property from his tenants, he must apply to court for an order of possession. Most private tenancies started on or after 28th February 1997 are assured shorthold tenancies (AST) contact us for further information about how to achieve this.

Orders for possession can be enforced by a County Court Bailiff (CCB) under a warrant, but many private landlords are finding this can take some time. It is possible to apply under Section 42 of the County Courts Act 1984 to transfer the order to the High Court for enforcement by a High Court Enforcement Officer (HCEO).

It will be at the Court’s discretion as to whether they allow the order to be transferred to the High Court.

Commercial repossession

A commercial landlord can apply for an order for possession against tenants, has the option to  use the Common Law remedy of forfeiture of lease, which can be used once the rent is overdue as defined  by the period specified in the lease.

On behalf of the landlord we  will normally appoint a Certificated Bailiff to enter the premises, change the locks and take back possession of the property.

If the tenant had absconded owing rent, the landlord can repossess under Common Law, then apply for a County Court Judgment (CCJ) for the rent arrears.

Trespassers in commercial property

It seems to be  increasingly common for squatters to occupy empty commercial premises since the criminalisation of squatting in residential property.

In this case, the landlord can apply for an order for possession, which will be made out against “persons unknown”. In the majority of cases, the order will be made in the County Court local to the property in question.

However, transferring the order for possession to the High Court for enforcement (using Form N293A) does not require permission from the Court as section 42 does not apply. Once the order has been transferred, a writ of possession will be issued, which the sheriff will then enforce.

Sheriffs  are not required to give notice of enforcement – there are sometimes circumstances where it is advisable to do so, but if giving notice may adversely affect the eviction, then it does not need to be given.

Trespassers on land

As with trespassers in commercial property, the order for possession is made against “persons unknown”. It is normally started in the County Court

The order can be transferred to the High Court for enforcement .The sheriff will normally conduct a risk assessment on all large scale evictions of trespassers – from property or from land – to ensure that all the necessary specialists and equipment are available to complete the eviction safely. Once the writ of possession is issued, the sheriff will enforce, normally without giving notice to the squatters.

This blog post was originally featured on this members own blog.

Not everyone can work from home, the majority of businesses need premises and these are normally occupied under the provisions of a Commercial Lease.

A lease creates many obligations and is invariably drawn to benefit the Landlord and yet it is currently a tenants market.  There are plenty of premises out there.  When you are in negotiations with the Landlords Agent you should be looking to ensure the following:-

• You only pay your costs, not the Landlord’s or a Superior Landlord’s
• You are entitled to renew the Lease at the end of its term.  That way you can go for a shorter term initially with therefore less obligation if your business falters.
• You have a rent free period if you are carrying out any repair works to the premises in getting them ready for your occupation.
• Try and negotiate a break clause after say 2 years in order that you can limit your potential obligations where you might be  a new business.

Once you have agreed Heads of Terms with the Landlords Agent, instruct T M Law to negotiate the lease for you with the landlords solicitors or at the very least, have them review the documents and advise you on the detailed terms of the lease.

Call T M Law on 01277 655338 and discuss your situation with us.  The initial discussion will be free.

This blog post was originally featured on this members own blog.

Make sure you get it right from the beginning. It will be a small price to pay to make sure you are set up property and have clear agreement of all relevant issues to the running of the business .

Here is a check list for you:-

• Are you trading with the right business set up (sole trader), company LLP or partnership
• Do you and your partner(s) have a clear idea of your roles or more importantly what each other’s roles will be so that you will work effectively and harmoniously.
• Have you sorted out the little things that can cause so many potential problems between partners

i.            Holidays

ii.            Any unusual working hours necessary

iii.            Level of Drawings

• Do you have an exit strategy.  If any partner needs to leave either through retirement, ill health, death or you simply fall out with one another (yes it happens !!), can remaining partners take on the shares of the outgoing partner. If you take on the others interest in the business , how will it be valued.

Consider in making provision for the above will limit the potential for dispute and will have a positive effect contributing to the smooth running and successes to the new business.

Consult T M Law we specialise in Business Law

This blog post was originally featured on this members own blog.