Gather what you can: the will or trust documents, correspondence with the professional, and evidence of the loss. Then take legal advice promptly, as strict time limits apply to negligence claims. We'll give you a realistic view of your prospects, and we always try to settle claims through negotiation or mediation before court action, so raising the issue early usually means more options and lower costs.

Yes. If a professional's advice on trusts, Inheritance Tax planning or wider estate planning fell below proper standards and left you or your family worse off, for example through avoidable tax charges or a trust that doesn't achieve what was intended, you may be able to recover those losses. These claims can be technical, so early specialist advice on whether the planning was genuinely negligent is important.

Yes, in the right circumstances. If a solicitor administering an estate makes errors, such as miscalculating Inheritance Tax, distributing to the wrong people, missing assets or causing unjustified delay and loss, the beneficiaries or executors may have a claim. Executors can also be personally liable for their own mistakes, which is one reason many instruct solicitors, but all professionals are accountable when their work falls short.

Possibly. Solicitors are expected to prepare wills within a reasonable time, and to act quickly where the client is elderly or seriously ill. If unreasonable delay means someone dies before their new will is in place, the people who would have inherited under it may be able to claim their lost inheritance from the solicitor. These claims are well established in law but turn heavily on the facts and timeline.

Yes. If a will fails to make the provision the deceased intended because of negligent drafting, the disappointed beneficiary can claim against the solicitor or will writer, even though they weren't the drafter's client. Common examples include unclear wording, gifts that fail, and instructions that simply weren't carried out. The claim is usually for the inheritance the beneficiary should have received.

It depends on the type of claim. Claims for reasonable provision under the Inheritance Act must generally be brought within six months of the grant of probate. Validity challenges have no fixed statutory deadline, but acting before the estate is distributed is strongly advisable, as recovering assets afterwards is far harder. Whatever the dispute, the earlier you take advice the more options you'll have.

You can enter a caveat at the Probate Registry, which prevents a grant of probate being issued for six months and can be renewed. This buys time to investigate concerns about the will's validity before the estate is distributed. A caveat shouldn't be used in the wrong type of dispute though, such as a claim for provision under the 1975 Act, so it's worth taking advice before lodging one.

If a will was negligently drafted by a solicitor or will writer and as a result fails to make the provision the deceased intended, the disappointed beneficiary may have a professional negligence claim against the drafter. We handle these claims and can advise on whether the drafting error gives rise to a remedy and what compensation might be recovered.

Possibly. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people, including spouses, civil partners, children and others who were financially dependent on the deceased, can ask the court for reasonable provision if a will or the intestacy rules don't provide adequately for them. Strict time limits apply, generally six months from the grant of probate, so take advice quickly.

A will can be challenged where it may not be valid, for example because it wasn't properly signed or witnessed, because the person who made it lacked mental capacity at the time, or because they were unduly influenced or didn't know and approve its contents. Suspicious circumstances, such as a will made shortly before death that departs sharply from earlier wills, often prompt these challenges.

Yes. We'll advise you on what making an LPA means for you, prepare the forms, act as the "certificate giver" to confirm you have capacity to make the LPA, and handle registration with the Office of the Public Guardian, so there's no doubt about your attorneys' authority if the time comes. We're also happy to store your LPA documents in our safe free of charge, giving you and your family peace of mind that they'll be ready when needed.

A family member would need to apply to the Court of Protection to be appointed as a deputy to manage that person's affairs. This is a more expensive, complex and time consuming process than registering an LPA, and in the meantime loved ones may be unable to access money or make welfare decisions. That's why putting LPAs in place while you can is so strongly recommended. It also allows you to choose who to appoint as your attorneys whereas you can't be sure that the right person will apply to be a deputy.

An LPA can only be used once it has been registered with the Office of the Public Guardian, so it's sensible to register it as soon as it's made rather than waiting until it's needed. A Health and Welfare LPA can only ever be used once you've lost the capacity to make the decision yourself, while a Property and Financial Affairs LPA can, if you choose, also be used with your permission while you still have capacity.

There are two forms of LPA. A Property and Financial Affairs LPA covers decisions about money, bills, bank accounts and property. A Health and Welfare LPA covers decisions about medical treatment, care and daily routine. They're separate documents, and many people put both in place at the same time so every type of decision is covered.

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people you trust, known as attorneys, to make decisions on your behalf if you become unable to make them yourself. It's one of the most important documents you can put in place, because serious illness or injury can strike unexpectedly at any age, not just in later life.

Yes. A well-structured will is one of the main tools for passing on your estate tax efficiently, making proper use of the available allowances and reliefs, including those for spouses, civil partners and the family home. With Inheritance Tax rules changing, including significant reforms expected in 2027, it's worth reviewing your will and wider estate planning to make sure your family doesn't pay more than necessary.

Unlike solicitors, will writers are not legally qualified, are largely unregulated and may not be insured if something goes wrong. We've seen cases where will-writing firms went out of business and the wills they held couldn't be found, leaving estates divided under the intestacy rules against the deceased's clear wishes. A solicitor-drafted will gives you confidence it's legally sound, safely stored and able to withstand challenge.

Review your will every few years and whenever your circumstances change significantly: marriage, divorce, new children or grandchildren, buying property, a substantial change in your finances, or the death of an executor or beneficiary. A will that no longer reflects your life can cause as many problems as having no will at all, so a quick periodic review is worthwhile.

Yes. Marriage or entering a civil partnership automatically revokes any earlier will unless that will was specifically made in contemplation of the marriage. Many people don't realise this, and it means they can be left without a valid will at exactly the point their circumstances have changed most. If you've married or entered a civil partnership since making your will, you should make a new one.

A will is the only way to decide who inherits your assets when you die. Without one, the intestacy rules decide for you, and the results can be far from what you'd want: your house and other property may not all pass to your surviving spouse or partner, unmarried partners receive nothing, and your family could pay Inheritance Tax that proper planning would have reduced or avoided.

No, executors can handle probate themselves, but many choose professional help because the responsibility is significant: executors are personally liable for mistakes, including errors in Inheritance Tax or misinterpreting the terms of the will. We can help as much or as little as you need. If you'd like to do some of the work yourself to keep costs down, we'll guide you on the forms and process; alternatively, we can take the whole burden from you.

For a straightforward estate, obtaining the grant typically takes a few months, and fully administering the estate, including collecting assets, paying any Inheritance Tax and debts, and distributing to beneficiaries, often takes six to twelve months in total. More complex estates, such as those involving property sales, trusts or disputes, can take longer. We'll give you a realistic timescale at the outset.

When someone dies without a will, their estate is shared out under the intestacy rules, which set a strict order of who inherits, starting with a spouse or civil partner and children. Unmarried partners and stepchildren don't inherit under these rules, regardless of how long the relationship lasted, which can produce results the person never intended. The next of kin will usually need to apply for Letters of Administration to deal with the estate.

Both are legal documents giving someone authority to administer an estate. A Grant of Probate is issued where there's a valid will, and goes to the executors named in it. Letters of Administration are issued where there's no will, or no executor able to act, usually to close relatives. The practical process of administering the estate is broadly the same under either.

Probate is the legal process of dealing with someone's money, property and possessions after they die. A Grant of Probate is usually needed before banks will release significant funds or a property or investments can be sold, though small estates or assets held jointly may not require one. Whether probate is needed depends on what the person owned and how it was held.

Contact a solicitor specialising in professional negligence against lawyers as soon as you can, even if the original claim was settled years ago. There's a time limit on claims against your solicitor (usually three years from when you discovered the negligence), so don't delay. We can advise you on whether you have a claim and what it might be worth, and we can usually offer a no win, no fee agreement so there's no cost to finding out.

You can claim the shortfall, or the balance of what you should have got. The most valuable claims are often against solicitors who undervalue cases by missing significant heads of damage, for example future care costs after a serious head injury. We work out what the claim was actually worth, and you claim the difference between that and the settlement you received.

Yes. Once the original claim is time-barred because your solicitor missed the deadline, your only option is to claim against the solicitor for the loss of that claim. You can't pursue the original defendant, but you can pursue the solicitor. That's exactly the situation these claims deal with, and it's why it's vital to take advice quickly if you suspect your solicitor has dropped the ball.

You need to show two things: first, that the solicitor breached the standard of care a competent solicitor would have provided (for example, missing a deadline or failing to value future losses properly), and second, that this breach caused you financial loss. The loss is measured against what your original claim was worth. We gather evidence about the original accident or injury, expert opinion on what the claim should have been worth, and expert legal evidence comparing what your solicitor did to the standard expected.

You can claim the compensation you would have received from your original claim, which your solicitor's negligence cost you. If they missed the three-year time limit, you lost the entire claim. If they settled for too little or missed a significant element like future care costs, you claim the difference between what you got and what you should have got. Your claim is against the solicitor's professional indemnity insurance, which all solicitors are required to carry.

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There's no fixed timescale. If the inquest clarifies liability, the claim can move to compensation negotiations and settlement within months. If liability is disputed and legal proceedings are needed, claims take longer. We understand that families are already under extreme stress and do everything possible to avoid unnecessary delay, but the complexity of the case and the court's schedule will affect the timeline.

An inquest is a fact-finding hearing held by the coroner to establish the cause of death and the circumstances. If the death resulted from someone else's fault, the inquest evidence often establishes liability, saving the need for later litigation. Witnesses give evidence, including expert witnesses, and the coroner records findings. We can represent the family at the inquest and use the findings to support any personal injury claim that follows.

If you relied on the deceased for financial support, the claim covers your lost income for the period you would have received it: until retirement age or, for children, until they complete education or become independent. The calculation considers the deceased's likely earnings, the proportion they contributed to your household costs, and how long that support would have continued. These claims can be substantial, but the amount depends on the individual circumstances.

The bereavement award is a statutory sum (currently £15,120) available to certain relatives, namely a surviving spouse or civil partner and parents of a child who died. Only one claim can be made per death, regardless of how many relatives might otherwise qualify, and the payment goes to whoever has the legal right to make the claim. It's a fixed amount, not calculated on loss or need.

The law restricts claims to dependents: a surviving spouse or civil partner, children, parents (in some circumstances), and sometimes other relatives who were financially dependent on the person who died. Broadly, anyone who relied on the deceased for financial support has a potential claim, but the rules are strict about who qualifies. It's important to take advice early, as there are time limits and the rules can be complex.

First, make sure everyone's safe and call emergency services if anyone's injured. Get the other driver's name, address, phone number, registration, insurance details and witness contact information. Take photographs of the damage, the accident scene and the road conditions if you safely can. Report the accident to the police if it was serious, and note what happened while it's fresh. Then contact a solicitor as soon as you can.

Compensation covers two things. General damages are for pain, suffering and impact on your quality of life, assessed with reference to medical evidence and judicial guidelines. Special damages are your actual financial losses: lost earnings, treatment and care costs, vehicle repairs, travel and anything else the accident has cost you. The goal is to put you, as far as money can, back in the position you'd have been in without the accident.

Yes, usually. If you share some of the blame, the law applies contributory negligence: your compensation is reduced by the percentage that reflects your share of responsibility, rather than wiped out entirely. This means many injured people who wrongly think they can't claim because the accident was partly their fault can still recover something, so it's always worth getting advice.

Evidence is key: the other driver's admission, witness statements, photographs of damage and the accident scene, CCTV if available, and the police accident report if one was made. Sometimes it's straightforward; sometimes reconstructing what happened takes work. Your solicitor will gather the evidence and, if needed, instruct an accident reconstruction expert to show how the collision happened and who was responsible.

Not without taking independent legal advice first. The insurer's offer is designed to settle the claim quickly and cheaply; they won't voluntarily offer what you're fully entitled to. Research by the Financial Services Authority found that accident victims who reject an insurer's initial offer and get proper legal advice go on to receive on average two to three times more compensation. Take your time, get a solicitor to value your claim properly, and only settle once you know what it's really worth.

These claims turn on linking your condition to your working conditions. That means building a detailed work history, gathering evidence about the substances, tools or tasks involved, statements from former colleagues, and expert medical evidence on causation, since some conditions can have non-work causes too. We know what evidence these claims need and how to assemble it, even where the exposure was many years ago.

Yes, in some circumstances. It's sadly not only workers who were harmed: relatives have developed asbestos-related conditions from fibres brought home on a worker's clothes, for example when washing overalls. These secondary exposure claims are well recognised, and the employer's duty extends to people foreseeably put at risk by their operations, not just employees.

You generally have three years, but crucially the clock runs from your "date of knowledge": when you first knew, or reasonably should have known, that your illness was significant and linked to your work, not from when the exposure happened. For slow-developing conditions, that can be many years after you left the job. The rules are technical, so take advice promptly once you suspect a connection.

Often, yes. Many industrial diseases, particularly asbestos conditions, only appear decades after exposure, by which time the employer may have closed down. Claims can usually still proceed against the employer's insurers at the time of exposure, and there are established ways of tracing historic employers' liability policies. Don't assume a defunct employer means no claim; it's exactly the situation these claims routinely deal with.

An industrial disease claim is compensation for an illness caused by your work over time, rather than by a one-off accident. Examples include asbestos-related conditions, hand arm vibration syndrome from vibrating tools, occupational dermatitis, industrial asthma and repetitive strain injuries. Employers owe a duty not to cause illness through their operations, and where they fail in that duty, those affected can claim.

Yes. The duty to provide a safe working environment isn't limited to direct employees: agency workers, contractors and the self-employed injured on someone else's site may be able to claim against the business in control of the workplace, the agency, or both. Who's responsible depends on the arrangements, and that's something we can untangle for you.

Get medical attention first, even for injuries that seem minor, as some get worse and your medical records become important evidence. Make sure the accident is recorded in your employer's accident book, note the names of any witnesses, and take photographs of whatever caused the accident if you safely can. Then take legal advice early, while the evidence is fresh.

Usually, yes. Where you share some responsibility, for example by not following training, the law applies "contributory negligence": your compensation is reduced by a percentage reflecting your share of the blame rather than being wiped out. Many injured people wrongly assume partial fault means no claim, so it's always worth getting your circumstances assessed before writing the claim off.

If your injury was caused by your employer failing in their duty to keep you reasonably safe, you can claim. That duty covers providing a safe place and system of work, properly maintained and guarded machinery and equipment, adequate training and supervision, and protection from risks like falls from height and unsafe lifting. Workplaces remain dangerous despite over a century of health and safety law, and we deal with all types of workplace accident claims.

Dismissing or mistreating an employee for making an honest compensation claim would itself be unlawful, exposing the employer to an unfair dismissal or detriment claim. In practice, your claim is dealt with by your employer's insurer rather than your employer personally; all employers are legally required to carry employers' liability insurance for exactly this situation. Fear of repercussions shouldn't stop you getting the compensation you need.

Most personal injury claims are funded through a "conditional fee agreement", often called "no win no fee", meaning you don't pay our fees if the claim is unsuccessful. You may also have legal expenses cover through your home or motor insurance, or through a trade union. We'll explain the funding options and what they mean for you clearly before your claim begins, so there are no surprises.

Compensation has two parts. "General damages" cover the pain, suffering and impact on your life, assessed with reference to medical evidence and judicial guidelines. "Special damages" cover your financial losses, including lost earnings, treatment and care costs, travel and anything else the injury has cost you, both already and in the future. The aim is to put you, as far as money can, back in the position you'd have been in without the injury.

Your solicitor gathers the evidence, such as accident reports, witness details and photographs, arranges an independent medical assessment of your injuries, and sends a formal letter of claim to the person or organisation at fault or uploads details of the claim to an online claims portal, usually dealt with by their insurer. Most claims settle through negotiation without a court hearing; where court proceedings are needed, we guide you through every step.

We act for people injured in accidents at work, those suffering industrial diseases caused by their employment, and people hurt in road traffic accidents, whether as passengers, cyclists, motorcyclists or pedestrians. We usually don't take on claims by drivers as their claims are often limited by fixed tariffs. We also represent families in fatal accident claims, and we take on professional negligence claims against solicitors who have mishandled personal injury cases.

In most cases you have three years from the date of the accident, or from the date you first realised your injury was linked to someone else's fault, to start court proceedings. Important exceptions exist: children have until their 21st birthday, and different rules apply where someone lacks mental capacity. Three years sounds like a long time, but building a strong claim and getting ready to issue court proceedings takes work, so it's always best to seek advice early. 

Neither party is usually obliged to agree a variation unless the lease already contains provisions requiring changes in certain circumstances.

Where agreement cannot be reached, parties may need to:

• Continue under the existing lease terms
• Negotiate alternative commercial arrangements
• Consider lease assignment or surrender
• Resolve disputes through mediation or legal proceedings

For example, a tenant may request relaxation of repair obligations due to financial pressures, but the landlord may refuse because this could reduce the value of the investment property.

Equally, landlords and tenants may disagree over service charge provisions or permitted use changes.

We can assist by:

• Negotiating revised proposals
• Advising on leverage and legal rights
• Preparing settlement agreements
• Supporting mediation discussions
• Representing clients in disputes where necessary

Early legal advice often improves the chances of reaching a commercially workable solution.

Yes. Variations can sometimes create unintended legal or financial consequences if not handled carefully.

Depending on the extent of the changes, a variation could potentially affect:

• Security of tenure rights under the Landlord and Tenant Act 1954
• Existing guarantees
• Mortgage lender requirements
• Stamp Duty Land Tax (SDLT) obligations
• Future lease enforceability

For example, a substantial extension to a lease term or significant property alteration could trigger lender consent requirements or create unexpected SDLT implications.

Another common issue arises where guarantor obligations are unintentionally released because variation documents were not drafted correctly.

We can help by:

• Assessing legal risks before variation
• Advising on lender and guarantor requirements
• Ensuring compliance with statutory requirements
• Protecting continuity of lease obligations
• Coordinating with accountants and lenders where necessary

Obtaining advice before agreeing terms can prevent expensive complications later.

Yes. Commercial lease variations should usually be recorded formally in writing by a Deed of Variation.

Informal agreements can create uncertainty and may not be legally enforceable.

For example, a landlord may verbally agree that a tenant can use part of the property for alternative business purposes. If this is not properly documented, disputes may later arise when the property is sold or the tenant seeks to assign the lease.

A properly drafted Deed of Variation should clearly set out:

• What lease clauses are changing
• When the changes take effect
• Whether guarantors remain liable
• Any rent or payment changes
• Future obligations of each party

We can ensure:

• The variation is legally enforceable
• Existing lease rights are preserved where appropriate
• Registration requirements are dealt with
• Lender consent issues are addressed

Proper documentation helps avoid costly misunderstandings.

Lease variations often arise because business needs change during the term of occupation.

Common reasons include:

• Business expansion or downsizing
• Financial pressure
• Refinancing requirements
• Changing property use
• Extending security of occupation
• Resolving disputes
• Responding to market conditions

For example, a restaurant tenant may request a temporary rent reduction during redevelopment works affecting customer access. Another tenant may negotiate additional storage space and require the lease to be updated to include the new area.

Landlords may also seek lease variations to:

• Improve investment value
• Strengthen repairing obligations
• Clarify service charge recovery
• Support refinancing arrangements

We can help negotiate commercially practical solutions that protect long-term interests for both parties.

A variation of a commercial lease is a formal agreement between a landlord and tenant to change one or more terms of an existing lease without granting a completely new lease.

Common variations include changes to:

• Rent
• Lease term
• Break clauses
• Repair obligations
• Permitted use
• Service charge arrangements
• Alterations provisions
• Rent review clauses

For example, a tenant occupying office premises may agree a variation with the landlord to reduce office space after moving to hybrid working arrangements. Alternatively, a landlord may agree to extend the lease term in return for updated rent review provisions.

We can assist by:

• Reviewing the existing lease
• Advising on legal and commercial risks
• Negotiating amended terms
• Drafting the variation documents
• Ensuring lender consent requirements are satisfied where necessary

Lease variations should always be documented properly to avoid disputes later.

Yes. A commercial lease surrender should usually be documented formally to avoid future disputes.

The surrender may be completed by:

• A Deed of Surrender
• Operation of law (in limited circumstances)
• Side agreements and settlement documentation

For example, a tenant may hand back keys and vacate the premises believing the lease has ended, only to later face claims for ongoing rent because no formal surrender was documented.

A properly drafted surrender document should clearly deal with:

• The termination date
• Financial settlements
• Future liabilities
• Dilapidations
• Service charges
• Guarantor obligations
• Release provisions

We can ensure the documentation properly protects your position and reduces the risk of future legal disputes.

Even where a lease ends early, the tenant may still remain responsible for repairing obligations and dilapidations under the lease.

Dilapidations commonly include:

• Internal repairs
• Redecoration works
• Removal of alterations
• Mechanical or electrical issues
• Damage caused during occupation

For example, a warehouse tenant may wish to surrender the lease but discover the landlord is claiming substantial sums for repairs to flooring, roofing, and reinstatement of tenant alterations.

In many cases, dilapidations become one of the main areas of negotiation during a surrender.

We can help by:

• Reviewing reinstatement obligations
• Negotiating dilapidations settlements
• Challenging excessive claims
• Coordinating with building surveyors
• Limiting future liabilities where possible

Obtaining advice before vacating the premises can significantly reduce risk and unexpected costs.

A surrender premium is a payment made by the tenant to the landlord in return for agreeing to end the lease early.

The amount will depend on factors such as:

• Remaining lease length
• Current market conditions
• Rental value
• Tenant covenant strength
• Costs of reletting the premises
• Dilapidations exposure

For example, a restaurant tenant with four years remaining on a lease may negotiate an exit by paying the landlord a lump sum equal to several months’ rent to compensate for future vacancy risk.

In other situations, a landlord may waive a premium if demand for the property is high and a replacement tenant is already available.

We can assist by:

• Negotiating financial settlements
• Advising on lease liabilities
• Reviewing dilapidations claims
• Drafting settlement agreements
• Ensuring terms are legally binding

Each surrender negotiation will depend on the specific commercial circumstances.

Yes. In most cases, a landlord is not obliged to accept a surrender unless the lease contains a break clause or there is another contractual right allowing early termination.

The landlord may decide that continuing to receive rent under the existing lease is more beneficial than agreeing an early exit.

For example, an office tenant experiencing financial difficulties may ask to surrender the lease with five years remaining. If the property market is weak and the landlord may struggle to re-let the premises, they may refuse the request or seek compensation.

Where a landlord is prepared to negotiate, they may require:

• A surrender premium
• Payment of outstanding rent or service charges
• Dilapidations payments
• Reinstatement works
• Legal costs

We can help by:

• Negotiating commercial settlement terms
• Advising on liabilities and risks
• Reviewing financial exposure
• Protecting negotiating positions
• Formalising agreements correctly

Proper legal advice can help parties achieve a practical commercial outcome.

A surrender of a commercial lease happens when the landlord and tenant agree to bring the lease to an end before the contractual expiry date.

This can happen for many reasons, including:

• A business relocating
• Financial difficulties
• Downsizing requirements
• Redevelopment of the property
• A tenant no longer needing the premises

For example, a retailer may have three years remaining on its lease but decides to close the branch due to reduced footfall. Rather than continuing to pay rent, the tenant negotiates a surrender with the landlord.

In some cases, landlords may also benefit from accepting a surrender if they have secured a new tenant at a higher rent or wish to redevelop the premises.

We can assist by:

• Reviewing the lease terms
• Negotiating surrender terms
• Preparing the surrender documentation
• Advising on financial liabilities
• Protecting both landlord and tenant interests

A lease does not end automatically simply because the tenant vacates the property.

If the parties cannot agree terms, either side may apply to the court for determination before statutory deadlines expire.

The court can decide issues such as:

• Whether the tenant is entitled to a new lease
• The length of the renewed lease
• Market rent
• Other lease terms

For example, a landlord and office tenant may disagree significantly on rental value following market changes. Rather than losing renewal rights, an application may need to be issued to preserve the tenant’s legal position while negotiations continue.

Many disputes are resolved through negotiation or mediation before reaching a final court hearing.

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We can assist by:

• Protecting critical deadlines
• Preparing court applications
• Negotiating settlements
• Coordinating with valuers and surveyors
• Representing clients throughout the dispute process

Early legal advice can often prevent matters escalating unnecessarily.

A lease renewal is an opportunity for both landlord and tenant to renegotiate key commercial terms.

Common negotiation points include:

• Rent levels
• Lease length
• Break clauses
• Repair obligations
• Rent review provisions
• Service charges
• Permitted property use
• Alienation rights (assignment or subletting)

For example, a retail tenant may negotiate a shorter lease term with a tenant break option to provide flexibility during uncertain trading conditions. A landlord may seek stronger repairing obligations or increased rent review protections.

We can assist by:

• Reviewing heads of terms
• Negotiating lease clauses
• Explaining legal and financial risks
• Ensuring lease documents reflect agreed terms
• Protecting long-term business objectives

A carefully negotiated lease can provide greater flexibility and reduce future disputes.

In certain circumstances, yes. Under the Landlord and Tenant Act 1954, landlords can oppose lease renewals on specific legal grounds.

Common grounds include:

• Persistent rent arrears
• Breach of lease obligations
• Tenant disrepair
• Landlord intention to redevelop the property
• Landlord intending to occupy the premises themselves

For example, a landlord may refuse renewal of a warehouse lease if they genuinely intend to redevelop the site into residential apartments. Alternatively, a tenant with repeated rent arrears may struggle to secure a new tenancy.

Where a landlord opposes renewal, disputes can become complex and may involve court proceedings.

We can help by:

• Assessing whether opposition grounds are valid
• Advising on compensation rights
• Negotiating settlements
• Representing landlords or tenants in court proceedings
• Protecting ongoing commercial interests

The legal position should be reviewed carefully before any notices are served.

It is usually sensible to begin discussions at least 6–12 months before the lease expiry date.

This allows enough time to:

• Negotiate rent and lease terms
• Review the business’s future property needs
• Resolve disputes
• Avoid uncertainty or disruption to trading

For example, an office tenant who leaves negotiations too late may face pressure to accept unfavourable rent increases to avoid relocation costs. Equally, a landlord planning redevelopment may need sufficient time to recover possession lawfully.

We can assist by:

• Serving statutory notices
• Managing renewal timetables
• Negotiating terms with the other party
• Advising on interim rent and tenancy continuation rights
• Coordinating with surveyors and agents

Starting the process early often leads to smoother negotiations and stronger bargaining positions.

In many cases, yes. Business tenants may have legal protection under the Landlord and Tenant Act 1954, which can give them the right to remain in the premises and request a new lease when the current term ends.

However, not all leases qualify for protection. Some leases are “contracted out” of the Act, meaning the tenant does not have an automatic right to renew.

For example, a café owner trading successfully from the same premises for 10 years may have the right to request a new lease when their current lease expires. In contrast, another tenant may discover their lease was contracted out at the beginning of the tenancy and therefore has no automatic renewal rights.

We can help by:

• Reviewing whether the lease is protected
• Explaining renewal rights and deadlines
• Advising on landlord opposition grounds
• Negotiating new lease terms
• Protecting business continuity

Obtaining advice early is important, as strict notice procedures and timescales apply.

Beyond the purchase price, you should budget for:

• Stamp Duty Land Tax (SDLT)
• Professional fees (legal, planning consultants, surveyors)
• Searches and investigations
• Site assembly or access costs
• Potential infrastructure contributions (CIL/Section 106)

Example:
A developer budgets for land acquisition only but later incurs additional unforeseen costs, including SDLT, surveys, and planning contributions—adding over 15% to the overall project cost.

Overage (or “clawback”) provisions require the buyer to pay the seller an additional sum if the site increases in value, typically after planning permission is obtained.

Key points:

• Overage can apply for many years (often 10–30 years)
• It is triggered by events such as grant of planning or sale with permission
• It can significantly impact project profits

Example:
A developer buys land for £500,000 and obtains planning permission for 10 units. An overage clause requires 30% of the uplift in value to be paid to the seller—resulting in a six-figure additional payment.

Planning is often the key factor in site value and viability.

You should consider:

• Whether planning permission is already granted
• Whether the proposed development is realistic
• Local planning policies and restrictions
• Section 106 obligations and Community Infrastructure Levy (CIL) costs

Example:
A buyer secures land at a premium price but later discovers a significant CIL liability and affordable housing requirement, reducing the project’s profitability.

Many development site purchases are structured as conditional contracts or option agreements, allowing time to secure planning permission and reduce risk.

Common protections include:

• Contract conditional on planning permission
• Longstop date to withdraw if planning is not achieved
• Rights to carry out surveys and investigations pre-completion

Example:
A developer enters into a conditional contract subject to obtaining planning permission within 12 months. When planning is refused, the developer can withdraw without completing the purchase, avoiding a costly mistake.

Before committing to a purchase, it is crucial to carry out early-stage due diligence, including:

• Planning status (existing use and development potential)
• Title and ownership (including rights, restrictions, and access)
• Access and services (roads, utilities, drainage)
• Environmental risks (contamination, flood risk)
• Covenants or overage provisions

Example:
A developer agrees to purchase land assuming residential development is possible. However, restrictive covenants prohibit building without third-party consent, delaying the project by months and increasing costs.

As a commercial portfolio grows, legal support becomes increasingly important for managing risk, maintaining profitability, and facilitating future expansion.

Investors commonly require assistance with:

• Portfolio acquisitions and disposals
• Commercial lease negotiations
• Refinancing and restructuring
• Asset protection
• Development opportunities
• Joint ventures and investor arrangements
• Succession and exit planning

For example, an investor who initially purchases a single retail premises may later acquire industrial units, office space, or mixed commercial developments requiring more complex management structures and refinancing arrangements.

We can provide ongoing strategic support by:

• Managing transactions efficiently
• Reviewing and negotiating leases
• Advising on refinancing and lender requirements
• Assisting with disputes and enforcement
• Drafting investment and partnership agreements
• Supporting long-term growth strategies

Regular legal reviews of portfolio documents and tenant arrangements can help identify issues early and protect investment value.

Commercial landlords regularly encounter issues relating to tenants, lease compliance, repairs, and income recovery.

Common problems include:

• Rent arrears
• Tenant insolvency
• Disrepair disputes
• Service charge disputes
• Breach of lease covenants
• Unlawful property use
• Dilapidations claims
• Vacant property management

For example, a landlord may face difficulties if a commercial tenant stops paying rent following financial difficulties, or where a tenant leaves significant damage at the end of the lease term.

Another common issue arises where service charge provisions are poorly drafted, making it difficult for landlords to recover maintenance costs.

Proactive legal management can help preserve rental income and reduce long-term exposure.

Many commercial investors choose to purchase property through a limited company or Special Purpose Vehicle (SPV), although the correct structure depends on your investment strategy, tax advice, and funding arrangements.

Potential advantages of company ownership can include:

• Asset protection
• Tax planning flexibility
• Easier joint ownership arrangements
• Separation of business liabilities
• Long-term succession planning

However, company ownership may also involve:

• Additional accountancy and compliance obligations
• Director guarantees
• Different lending requirements
• Increased administration

For example, several business partners acquiring a warehouse portfolio may use a company structure alongside a shareholders’ agreement to regulate ownership, decision-making, and future exits.

We can assist with:

• Company formation
• Shareholder agreements
• Joint venture agreements
• Property acquisition structuring
• Personal guarantee advice
• Refinancing transactions

Legal and tax advice should always be coordinated before deciding on ownership structure.

In commercial property transactions, the lease is often the most valuable part of the investment because it governs the income stream and responsibilities between landlord and tenant.

Important lease terms include:

• Length of the lease
• Break clauses
• Rent review provisions
• Repairing obligations
• Service charges
• Use restrictions
• Assignment and subletting rights
• Rent arrears provisions

For example, a landlord purchasing an office building may discover that tenants are contributing very little towards repairs under the lease, leaving the landlord responsible for substantial maintenance costs.

Another investor may inherit a tenant with a rolling break right that affects the property’s future value and mortgageability.

We can:

• Review and report on lease terms
• Identify financial and legal risks
• Negotiate amendments where possible
• Advise on enforceability and landlord protections
• Assist with lease renewals and negotiations

Understanding the lease properly is critical before committing to a purchase.

Before acquiring commercial property, it is important to assess the legal, financial, and practical risks connected to the investment. Key considerations include:

• The condition of the property
• Existing tenant leases
• Rental income and arrears history
• Repair obligations
• Planning use restrictions
• Environmental issues
• Financing arrangements
• Future redevelopment potential

For example, an investor may purchase a retail unit expecting strong rental returns, only to discover the lease allows the tenant to terminate early or places major repair liabilities on the landlord.

We can assist by:

• Reviewing title documents and leases
• Investigating rights, restrictions, and planning issues
• Advising on lender requirements
• Identifying hidden risks before exchange of contracts
• Negotiating favourable contract terms

Early legal advice can significantly reduce costly surprises after completion.

Under the Landlord and Tenant Act 1954, some business tenants have the right to remain in the premises after the lease ends and request a renewal.

However, this right can be excluded before the lease is entered into.

In practice:
If your lease has security of tenure, your landlord cannot simply ask you to leave at the end of the term without following a formal legal process.

You can only terminate early if the lease includes a break clause or if you negotiate a surrender with the landlord.

In practice:
Without a break clause, you may still be liable for rent for the full term—even if you stop trading or vacate the premises.

An FRI lease is common in the UK and means the tenant is responsible for:

• Repairing and maintaining the premises
• Contributing to insurance costs

In practice:
If the roof or structure needs repair, you (as tenant) may have to cover the cost—even if the issue existed before you took the lease.

Important terms include:

• Length of the lease (term)
• Rent and rent review provisions
• Repair and maintenance obligations
• Break clauses (ability to end early)
• Permitted use of the premises

In practice:
A lease may require you to fully repair the property—even if it is in poor condition at the start—so it is important to understand your obligations before signing.

Taking a lease means you are granted the right to occupy and use a property for business purposes for a fixed period, in return for paying rent and complying with lease terms.

In practice:
If you rent a shop unit on a 10-year lease, you can operate your business there for that period, but you must follow the lease conditions (e.g. pay rent, maintain the premises).

In addition to rent, tenants typically pay:

• Business rates
• Service charge (shared maintenance of common areas)
• Insurance contributions
• Legal and surveyor fees
• Stamp Duty Land Tax (SDLT) (on certain lease terms)

Example:
A tenant agrees to £25,000 annual rent for a shop but later discovers service charges of £8,000 per year and rising—significantly increasing overall occupancy costs.

Most commercial leases are “full repairing and insuring” (FRI), meaning the tenant is responsible for:

• Internal and external repairs
• Structural elements (in some cases)
• Contributing to building insurance

It is crucial to:

• Obtain a schedule of condition (records the current state of the property)
• Avoid agreeing to put the property into better condition than it was received

Example:
A tenant takes on a warehouse with a worn roof without a schedule of condition. At lease end, the landlord requires a full roof replacement costing £30,000.

Due diligence involves investigating the legal and practical risks associated with the property.

This includes:

• Checking title and ownership
• Reviewing planning permission and permitted use
• Identifying any restrictions or rights affecting the property
• Assessing repair condition and liabilities
• Confirming service charge obligations

Example:
A light industrial unit is taken for manufacturing use, but the lease restricts use to storage only. This could lead to breach of lease and possible termination, disrupting the business.

Some of the most important provisions include:

• Lease length (term) – how long you are committed for
• Rent and rent review clauses – how and when rent may increase
• Break clause – your right to exit early
• Repair obligations – often full repairing and insuring (FRI) leases
• Permitted use – what your business is allowed to do from the property
• Assignment/subletting rights – ability to transfer the lease
• Service charge – contributions to shared building costs

Example:
An office tenant signs a 5-year lease with no break clause and later needs to relocate after 2 years. Without a break or assignment option, they remain liable for the rent for the full term.

A commercial lease is a legally binding agreement between a landlord and a business tenant granting the right to occupy premises for business purposes.

Unlike residential leases, commercial leases:

• Are not heavily regulated, so terms are largely negotiable
• Typically place more responsibility on the tenant (e.g. repairs, insurance contributions)
• Often include rent reviews, break clauses, and service charges

Example:
It is not uncommon for a retail business takes a 10-year lease of a high street shop. The lease includes a full repairing obligation, meaning the tenant must maintain the entire property at their own cost—even if it was not in perfect condition at the start.

The contract should set out what happens on termination, including:

• Final payments or commissions
• Return of stock or materials
• Ongoing restrictions (e.g. non-compete clauses)

For agents, statutory compensation rights may apply.

In practice:
A distributor may be required to stop using your branding immediately, while an agent may be entitled to a termination payment reflecting lost future business.

You should carefully consider:

• Territory and exclusivity
• Commission or pricing structure
• Performance obligations or targets
• Duration and termination rights
• Post-termination restrictions

In practice:
Granting “exclusive rights” to a distributor without performance targets could prevent you from appointing others—even if sales are poor.

Yes. Commercial agents are often protected by the Commercial Agents (Council Directive) Regulations 1993, which can give agents rights such as:

• Minimum notice periods for termination
• Compensation or indemnity on termination (in certain circumstances)

In practice:
If you terminate an agent relationship, you may still have to pay compensation—even if the contract is silent—so it is important to understand these obligations in advance.

A written agreement helps clearly define:

• Roles and responsibilities
• Payment or commission structures
• Territory and exclusivity rights
• Termination rights

In practice:
Without a written agreement, you may face disputes over commission payments or whether a party has exclusive rights to sell in a certain region.

• An agency agreement involves an agent promoting or negotiating sales on behalf of a business (the principal). The agent does not usually take ownership of the goods.
• A distribution agreement involves a distributor buying goods and reselling them in their own name.

In practice:
If someone sells your products and earns commission without owning them, they are likely an agent. If they purchase your products and resell them at their own price, they are a distributor.

While templates can be a helpful starting point, they may not reflect your specific business model or risks. Poorly drafted or generic T&Cs may be unenforceable or fail to protect you.

In practice:
A business relying on generic online terms may find that key risks (e.g. intellectual property ownership or service levels) are not properly covered if a dispute arises.

Important provisions typically include:

• Payment terms and late payment rights
• Limitation of liability
• Delivery or service terms
• Termination rights
• Dispute resolution procedures

In practice:
A limitation of liability clause can prevent your business from being exposed to unlimited claims if something goes wrong.

Your T&Cs must be properly brought to the customer’s attention before or at the time a contract is formed.

This can be done by:

• Providing them with a quote or contract
• Including them in order forms or online checkouts
• Referencing them clearly in correspondence

In practice:
If you send T&Cs after work has already started, they may not be enforceable—so it’s important to include them upfront.

Well-drafted T&Cs help:

• Protect your business against legal risk
• Clarify expectations with customers
• Reduce the likelihood of disputes
• Ensure you are paid on time

In practice:
Including clear payment terms (e.g. invoices payable within 14 days with interest on late payments) makes it easier to chase overdue payments and enforce your rights if necessary.

Terms and Conditions (“T&Cs”) are the standard contractual terms on which your business supplies goods or services. They set out your rights, your customer’s obligations, and how your business operates.

In practice:
If you provide services to multiple clients, your T&Cs can ensure consistent terms on payment, liability, and cancellation, rather than negotiating each point individually.