Solicitor Service UK

Licence to Occupy

May 18th, 2012
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What is a licence to occupy?

A licence to occupy is a legal agreement between the licensor (the person who owns the property) and the licensee (the person who wishes to occupy the property), it gives occupy the licensee the right to occupy a property for a defined length of time.

The two ways to occupy a property in business are:

  1. Take out a lease
  2. Obtain a licence to occupy

When it comes to issues concerning rent, exclusive possession and the length of time the premises can be occupied for, there are a few differences between leases and licences to occupy.

Legally, the main difference between a lease and a licence to occupy is that a lease creates “an estate in land”, which gives the tenant far greater rights and obligations than a licence, which gives the licensee a mere right of occupation at the property.

Why is the choice important?

It is important to make the right choice between a lease and a licence to occupy because if a landlord makes the wrong decision, they may not be able to obtain vacant possession. If a licence agreement is used when a tenancy is involved, tenants could turn into “squatters” and landlords will not be able to control what they do in the property which means that the property value could fall.

Who would take up a licence to occupy?

A licence to occupy is also known as a tenancy at will, it permits non-exclusive occupation of a property for a specific period of time. Most licence to occupy agreements are short term, lasting for six months to a year but this can vary. At the end of this time period the licensee and licensor can make a new licence to occupy. At this time the landlord may increase the rent or make other changes to the agreement.

In general, landlords hold the rights of possession on a property but when a licensee signs a licence to occupy agreement they gain partial possession of the internal property. They do not gain full possession because others may be in occupation too. Therefore, once they have signed the agreement, they will be responsible for the part of the internal property that they occupy. This means that they will be expected to keep the inside of the property in good repair. Similarly, the landlord should take responsibility for the external area and structure of the property.

What happens when an agreement comes to an end?

All licences to occupy will have an end date and once this date is reached, the licensee must vacate the property unless an agreement has been reached to renew the contract. If a new contract is drawn up in order for the licensee to renew, there may be some differences to the old contract such as rent costs etc. If the licensor has requested that the licensee leaves, the licensee will not be able to renew the agreement.

It is possible for a licensor to terminate a contract before the end date has been reached if their reasoning corresponds to the terms and conditions of the agreement for example, tenants defaulting on rent payments. Other reasons for terminating a contract early might relate to the structure and safety of a property – if a building is believed to be unsafe, the licensor may have the right to evict tenants in order to rectify any problems.

From a licensor’s point of view, licence to occupy agreements can be beneficial. For a start, these agreements allow them to rent their property to lots of different businesses under different contracts. Secondly, the contracts taken out are short term which means that their commitment is only temporary. And finally, landlords can avoid security of tenure – if a lease is used, the businesses occupying the premises have the right to renew at the end of the term however this is not the case for licence to occupy agreements.

What do both parties involved in a licence to occupy agreement need to be aware of?

The licensor:

Make sure that the agreement does not give the licensee exclusive possession of the property for a term with rent.

The licensee:

Make sure that any document titled ‘lease’ is in fact a lease. It is not hugely uncommon for agreements to be wrongly classified and for individuals to find that the lease that they thought they had entered into is actually a licence to occupy agreement.

If you would like to download a Licence to Occupy agreement for free, simply visit www.free-legal-documents.co.uk.

Posted in: Legal Documents.

Share Option Agreements

May 11th, 2012
by Admin.
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A share option agreement is an agreement between the holder of shares and a third party. An option gives one party the right (and not the obligation) to purchase or sell shares. If the option exercised then the other party will be obliged to buy or sell the option shares – depending on whether the option is a put or call option.

Call option

This is an agreement that gives an investor the right (but not the obligation) to buy a stock, bond, commodity, or other instrument at a specific price within a specific time period.

Put option

The is the opposite to a call option which gives the holder the right to buy shares – this is an option contract that gives the owner of shares the right, but not the obligation, to sell the underlying stock at a fixed price by a fixed expiration date. The buyer of a put option estimates that the underlying asset will drop below the exercise price before the expiration date.

Cross-Options

These are two option contracts giving two companies the right, but not the obligation, to buy a significant amount of stock in each other for a certain strike price. Cross options are the most common when the companies are in the process of merging anyway. The companies enter the cross option in order to reduce the risk that a third party will come and disrupt the merger by buying one of the companies.

For employees:
A share option is the right to buy a certain number of shares at a fixed price, sometime in the future, in a company. Traditionally, these employee share options were associated with large quoted companies. However, relatively recent changes in legislation have made these schemes attractive to smaller businesses and can give them a significant competitive advantage.

The main benefits a share option scheme can offer a company are as follows:

  • Better motivated employees, with their interests aligned with shareholders, adding greater value to the business.
  • An added incentive to help recruit potential employees.
  • The scheme will help retain the company’s best employees.
  • HMRC approved schemes are tax efficient.
  • Owners retain exclusive rights to dividend payments and voting (control).
  • The scheme can provide the promise of a valuable benefit, but defer the cost to the future.
  • The share options are only exercised if the pre-determined conditions are met and after a certain length of time.

If you would like more information in relation to share option agreements or if you would like to download one of our free legal documents, visit free-legal-documents.co.uk.

Posted in: Legal Documents.

Introduce your business to a wider market

May 11th, 2012
by Admin.
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It is well known that word of mouth and personal relationships can be some of the best ways to win new business. To exploit this it can be beneficial to engage a smart individual or company to introduce and refer new clients to your business. Someone who is trusted and respected singing your praises can be an excellent route to new business.

An introducer does not actively sell the products or services themselves, but rather will refer a potential client as opposed to an agent who is involved in the selling and negotiation processes. The referral can be either by informing the client about the goods or services, passing contact details and on to the supplier or by arranging a meeting between the parties. After the introduction has been made the introducer is no longer involved in the relationship and transaction between the supplier and the new client.  Negotiation of terms, selling and supply of the goods or services remains the sole responsibility of the supplier.

This type of relationship can be regulated using an Introducer Agreement. The agreement sets out the basis of the arrangement including:

  • Which client, or group of clients, you want the introducer to target. This can be a specific named person/company or you may wish to specify a new market or geographical location to target. You can specify which types of client you wish to be introduced to.
  • The type of business relationship you wish to establish which will result in a successful introduction. The Introducer Agreement can specify that you require an ongoing relationship with a specific outcome.
  • The fee payable to the introducer for a successful introduction can be specified. There may be certain conditions to fulfil before the fee is payable, such as a successful transaction between you and the new client. In this way it can operate on a ‘no win-no fee’ basis. Alternatively you could consider a fixed fee or percentage fee basis.

To download your FREE Introducer Agreement template visit www.free-legal-documents.co.uk.

Posted in: Solicitors UK.

Promises promises…

May 4th, 2012
by Admin.
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Whenever lending or borrowing money it is always advisable to put in place a clear written agreement to avoid any problems when it comes to repayment. There are different options for formalising the arrangements, one of which is a Promissory Note.

A Promissory Note is an unconditional promise in writing made by one person to another to pay a sum of money on demand or on a fixed or determinable date in the future.

It is more than just a simple IOU as it creates a binding undertaking to pay the money rather than a simple acknowledgement of the debt owed. They can be used by individuals and companies when sums of money are being lent and borrowed.

The terms of a note usually include

  • the principal amount of money
  • the interest rate if any
  • the parties, the date
  • the terms of repayment (which could include interest)
  • the maturity date
  • the length of the loan period.
  • information on defaults and penalties.
  • whether or not the loan will be secured or unsecured.
  • signatures and witness signatures.

This list is not exhaustive and the terms of the note can be customised by the parties. When the terms and conditions are clearly defined and simple there may be no need to seek legal advice but for large sums of money it is advisable to consult a solicitor to ensure the terms of the note reflect the intentions of the parties.

A promissory note can be used in connection with the performance of some other service. However, the note is a separate unconditional agreement which will still be enforceable regardless of the performance or otherwise of the connected service.

If there are any unclear or unfair terms included in the promissory note or one party signed the note under any form of duress then the note may not be enforceable in the UK courts.

The note needs to be signed and witnessed by an independent witness. The document should be kept safe by the lender until the monies have been repaid.

You can download a FREE promissory note template from www.free-legal-documents.co.uk.

Posted in: Solicitors UK.

What you need to Get Compensation

May 2nd, 2012
by Admin.
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‘If you have suffered an injury in an accident, however major or minor your injuries, then you should consider the possibility of making a claim in law.’ Is it really that simple? These days it is implied that to get compensation for an injury you have suffered is easy, but is that really the case?

Law firms insist that if someone or something else was at least in part responsible for your injury then you have a possible personal injury claim. It is a very lucrative and competitive market for law firms, so much so that the majority of firms will offer you a free no obligation initial meeting to assess whether there is the potential for you to make a claim.

When approaching a law firm to take on your case it is important that you gather as much evidence and supporting documents as you can. Items such as photos, statements from witnesses from the scene and an official report from the doctor about the extent of your injuries will only enhance the strength of your case and make it much more likely that a law firm will take it on.

If you are unsure on any aspect of the legitimacy of the case, building evidence or any other issue then the best solution is to ask for help. Although most law firms will charge to do so there is an easy and entirely free way to do so. At Rightsolicitor.co.uk you can ask your question for free and receive your answer from a trained legal expert in no time at all.

Posted in: Solicitors UK.

How to deal with a work accident

May 2nd, 2012
by Admin.
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Work places can sometimes be dangerous, whether it is an office or operating heavy duty machinery there is some element of risk with whatever you do. From an employer’s point of view it is therefore imperative that all health and safety measures are up to date and adequate, but what are the real implications for businesses and employees alike?

In 2011 there were over 200,000 injuries reported, 171 of which were fatal.  There was also 1.2 million people suffering from work related illnesses which coupled with the injuries resulted in 26.4 million working days lost and cost to society of an estimated £14 Billion!

From an employee’s perspective it may seem blindingly obvious but one the most important things to do if you suffer an injury or illness are to notify the correct member or members of staff. It is vitally important that if you are looking to pursue a potential claim that you follow the correct procedure in the first place, this could be filling in an incident report in or reporting to Human resources. Obviously this will vary from business to business so it’s worth getting to know the ins and outs at your workplace.

Before making a claim it is also worth checking with your employer about their existing sick pay scheme. In most cases if you need time off because of an accident at work, you will only have the right to statutory sick pay. Your employer however may have a scheme for paying more for time off caused by accidents, or may decide to pay extra depending on what has happened, so it’s always worth checking with your boss before pursuing something that may strain your relationship at work.

However if you decide that you think your employer is at fault and you want to go ahead and make a claim for compensation then it must be done within three years of the accident. You will need a lawyer to represent you but must remember that the aim of legal damages is to put you in the position you would be in had the accident not happened, it’s not about getting hold of some ‘free’ money.

If you need any help with deciding whether or not to proceed with your workplace accident claim the best thing to do is to firstly touch base with a solicitor, the best place to do so is at Rightsolicitor.co.uk. The instant advice service will immediately be able to ascertain whether you have potential to make a claim or not and will help you out either way.

Posted in: Solicitors UK.

Personal Injury and the law

May 2nd, 2012
by Admin.
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Personal Injury law has recently been subject of scrutiny and criticism from within the industry and the government.

This is because of various factors but the two most prominent are public funds being used for large a number of cases that may be spurious and the impact that proposed government cuts to legal funding will have on this area.

Solicitors are rightly concerned that the government proposes to restrict, or in some cases totally cut, access to conditional fee arrangements (AKA no win, no fee) for personal injury cases.

The truth is that each year many people are involved in accidents that are not their fault and has caused them injuries that at least have caused pain and inconvenience in minor cases but can also have had catastrophic impact on a person’s life in major injury cases.

Whatever the situation is, minor or major, and if an accident has involved the following criteria then it is entirely possible that there is a legal and justified personal injury claim:

  •   Had an accident that was not your fault in the last 3 years
  •   Suffered an injury as a result
  •   You have the details or can get the details of the person / body thought to be responsible
  •   You wish to claim and have not claimed before
  •   The accident occurred in England and Wales

If you satisfy those criteria then under current provisions you may be funded to make a claim but if the government achieve their aim then this might not remain the case.

This could leave thousands of genuine claimants without access to legal means of redress which is a big worry to solicitors in the personal injury industry.

Posted in: Accident Injury, Compensation, Law, No win no fee solicitor, Personal Injury Solicitors.

Car Accident Claims

May 2nd, 2012
by Admin.
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There are literally thousands of car accidents each year on the roads in the UK. There are many that are minor bumps but there are also, unfortunately, many that result in injury and / or death.

Car accident is the generic term applied to these events but interestingly many of the UK police forces refer to the term “Road Traffic Collision.” The reasoning behind this is that where a collision takes place on a road owing to the presence of a motor vehicle then someone is to blame. This could be:

  • The person driving the car that causes the accident
  • The person or body responsible for road maintenance
  • A third party that causes a collision
  • Automatism

The last point of automatism is, for example, where a person driving a car suffers an unexpected event like a heart attack or bee sting in a car and a collision occurs. Even though this is an unforeseeable event the driver’s insurance would still be expected to cover the damage / injuries resulting from a collision although this last point is arguably more of a car accident than a collision.

In the event of an insurance dispute over a car accident / collision or a claim then it is almost inevitable that solicitors will become involved.

Posted in: Accident Injury, Compensation, Personal Injury Solicitors, Solicitors UK.

Legal Advice

Apr 24th, 2012
by Admin.
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There are occasions in everyone’s life that will require some form of legal advice. This could be a simple as drawing up a will or a house purchase or as upsetting as a divorce or arrest by police.

In any case the law can range from moderately complicated to extremely complex and an error made at any stage of the legal process can have serious immediate implications, if not a drawn out knock on effect.

So who do you turn to for legal advice?

There are various sources to gain legal advice from and you can see some examples below:

  • Work unions / associations
  • Citizens Advice Bureau
  • Legal Help Lines
  • Legal websites
  • Practising solicitors

Unions can and will arrange legal assistance for work related matters if you are a paying member. The CAB can provide general advice and, on occasion, will run free legal clinics where solicitors will give short periods of free advice, typically 30-60 minutes.

Legal help lines and websites will also provide advice on a free or paid basis depending on their structure and the legal issue in question. One reputable web site with a proven track record in all areas is www.rightsolicitor.co.uk

The last option is to speak to or instruct a solicitor. A solicitor will often provide a short, free consultation to assess the case at face value and provide, in broad strokes, the best route forward along with a cost estimate.

You should be aware that instructing a solicitor will usually require an upfront, “on account” payment and hourly fees which are, almost without exception, very expensive unless you qualify for legal aid.

You may be well served seeking legal advice from free or more cost effective resources before proceeding to formal instruction of a solicitor.

Posted in: Solicitors UK.

Solicitor Divorce Fees

Apr 18th, 2012
by Admin.
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Divorce is rarely a pleasant matter even if it is an amicable agreement. There are many, many factors involved from emotional to financial, family to friends and living arrangements and children.

The finances in terms of a settlement and maintenance for children are easily the biggest bone of contention but before you get to that you would be best served taking professional advice.

But what does that bring? Solicitor fees!

It is widely perceived that fees for legal advice are not cheap and that perception is largely correct. It is not uncommon for an “on account” payment to be asked for, typically around £500, and once this has been used up then either another “on account” payment would be asked for or hourly rates at £100 plus per hour would be the norm.

Solicitor fees can quickly mount up, especially if the respondent is ordered to pay the petitioners costs and even a relatively simple divorce could cost £5000 in solicitor and court fees.

However, you do not always have to use solicitors and this would depend on various factors and how committed you would be to executing the procedural steps yourself.

The various factors could be complexity of the marital situation, length of marriage (2 year separations and 5 year “abandonments are relatively easy to finalise) and arrangements for any children.

With careful and thorough research it is entirely possible to navigate through the divorce process and you can also use certain legal services / web sites to obtain low cost or free legal advice.

Our advice is to lay out your divorce plan, what you want to achieve, points for negotiation and then research!

Posted in: Solicitors UK.

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