Martin Kaye Solicitors – Telford - Shropshire

Company bosses who personally own their commercial premises could be landed with a hefty income tax bill if improvements are made, a leading legal expert claims.

“Owning your company’s trading premises can be tax efficient, but there are also drawbacks too,” said Stuart Haynes, from the commercial team at Martin-Kaye Solicitors in Telford and Wolverhampton.

“When you gain a financial advantage from the arrangement, even if this is the side-effect of a genuine business transaction, you will be hit with a tax bill under the ‘benefits in kind’ rules. This can happen in particular if you allow your company to use your property rent-free, and it spends money improving it.”

With a growing number of companies working from home-based premises, Stuart said this was becoming an increasingly important issue to consider.

He said: “There are solutions. For example, if you intend to create a home workspace by perhaps converting a loft into an office, you could grant your company a lease over this, so that it can pay for the work.

“You won’t then be taxed on this benefit in kind immediately – only when the lease expires. Bear in mind, though, that this only works with a lease. A rental agreement will not do.

“And drafting a lease agreement is a job for a lawyer, so make sure you get expert advice.”

We'd like to thank everyone who attended the VIP launch of our new Wolverhampton office - it was an excellent evening and we really appreciate the support shown by other businesses in the area.

Here's a flavour of the evening and some of the guests who attended.

A £13,000 bill handed out to office equipment giant Lyreco is a stern reminder of the dangers of failing to follow correct human resources practices, our employment law expert has claimed.

John Mehtam, from Martin-Kaye Solicitors in Telford, was commenting on the case brought against Lyreco by field sales representative David Atkin.

Mr Atkin, a member of the GMB union, was awarded the five-figure sum after winning his case for unfair dismissal against the company, which has an office in Telford, after being fired by his regional sales manager.

The judge said the disciplinary process leading to Mr Atkin’s dismissal was “at worst a sham, but at best lacked any form of investigation or analysis”.

John said: “The judge also said it demonstrated practices which any human resources manager should quite frankly be ashamed of, and said the appeal was not worthy of the name.

“It is a very stern reminder to Shropshire companies that, if they do not have a proper infrastructure in place for dealing effectively with disciplinary matters, they could end up paying a stiff financial penalty.

“In particular, companies need to ensure they carry out a fair and thorough investigation into any staff disciplinary issues, apply a fair procedure, and under no circumstances must they pre-determine any disciplinary hearing.”

He said: “In Mr Atkin’s case, the judge clearly said that his regional sales manager did not approach the appeal with an open mind, and appeared to be partisan and biased.

“Employers who disregard these principles do so at their peril. They can face very serious sanctions including a rise in the compensation level awarded by the tribunal, and some very damaging, adverse publicity. This Lyreco case is an excellent example where the tribunal essentially lambasted the company for shortcomings in its disciplinary process.”

One of our partners has hit out at a new scheme designed to help first time buyers get their foot on the property ladder. Nita Patel is head of the property team at our headquarters in Euston Way, Telford.

She said the news that the Government had brought forward the launch date for the Help to Buy scheme had been welcomed by many people as it would not only help first time buyers, but also people looking to move up the property ladder.

“Initially it had been planned to launch the scheme in January 2014, but the launch was brought forward which has been declared a positive move by many. But although the scheme will help buyers to purchase a property with as little as five per cent deposit, it’s clear that it just hasn’t been thought through as well as it could have been.”

Nita said the concept of the scheme was good, as at a time when the property market was recovering first-time buyers needed all the help they could get.

“It’s a great idea to help first-time buyers who don’t have rich parents to help them with their deposit so that they can buy a new home. But it fails to tackle the real problem, which is a lack of house building across the UK.

“The scheme will inflate house prices even more, which will just make properties even more unaffordable for generations to come. And another issue is that solicitors will probably have to charge additional fees for dealing with the extra paperwork that will be created as a result of the changes.

“I believe it’s maybe been created as a quick-fix and that it’s been developed so that the Government is seen to be doing something to help struggling first-time buyers. It would have been better to delay the launch as they had originally planned in order to iron out some of these issues and to pin down the finer details of the scheme before it was opened to the public.”

The Help to Buy scheme applies to all properties up to a value of £600,000, and involves the Government making a loan of up to 20 per cent of the cost of the new-build home. Buyers can then secure a deal with a deposit of as little as five per cent, and a 75 per cent mortgage to make up the rest of the cost.

Staff who bad mouth their employer or the company they work for could face the sack, according to our employment law specialist.

But shockingly, if the remarks were made in a private setting, they could escape disciplinary action, no matter how derogatory their comments were.

John Mehtam said the immediate reaction would obviously be for directors to step in and discipline the employee. “But this situation needs to be handled sensitively, despite how angry an employer may feel at the time. We’re all guilty of talking down our job after a particularly tough day, but how can you tell when an employee has crossed the line?

“First you have to establish that the person passing on the comments is telling the truth – and not only do you need to find out what was said, you need to know the context of where the remarks were made.

“This is because comments made in private, perhaps between a husband and wife in their own home, are none of the directors’ business, even if the comments are terrible. But if they’re made in public, it’s a different matter. It’s easy to blur the two situations though – a conversation between two workmates in the pub, depending on the facts, could fall into either camp.”

John said if the comments were directed towards an existing or potential client, it would be hard for the employee to argue it was a private conversation.

“Before you step in, if the comments were made in public, you need to find out from anyone who was present just how bad the remarks were. Was it just a moaning session at the end of a difficult day, or a malicious and calculated attack on your company and its reputation?

“This will be the key as to whether formal disciplinary action is necessary. If the employee apologises quickly for their actions (to you and everyone else involved), then it’s unlikely sacking them could ever be justified. And even if it’s just a grumble, giving the employee a written warning is sure to discourage them from making similar mistakes ever again.”

Details of disciplinary action in the workplace must stay behind closed doors, a leading legal expert has warned.

John Mehtam leads our employment law team at Martin-Kaye Solicitors, in Telford and Wolverhampton, and he said employers must be extremely careful in order not to reveal any confidential information.

“It doesn’t matter how well you train your staff, things can and do go wrong, and when this happens, the directors must tread very gently. A complaint from an important customer is not good news for anyone, and if you don’t intervene, you could lose their business altogether.

“But equally, your staff are entitled to their privacy, even if you do take disciplinary action, and you should never reveal the outcome of any decisions you make.”

John said directors must never refer directly to what’s gone on behind closed doors, nor must they even drop hints to the client as to what action was taken.

“If you do slip up, and the employee finds out, they could resign and claim constructive dismissal for breach of trust and confidence, and report you to the Information Commissioner’s Office.”

John said often though a client’s complaint came with a demand to know exactly what the company planned to do about the situation.“This of course puts you in a very difficult position, and the best course of action is to acknowledge their complaint, apologise if it’s appropriate and tell them you will investigate the matter fully.

“Once the process is complete, you can give them a generic reply to say the company has reviewed its procedures and ensured staff are properly trained to follow them, but stop short of mentioning any disciplinary action.

“You can’t tell them if the employee has been sacked either – even though they no longer work for your company, you still have to respect the rules.”

John said there was one exception to the confidentiality clause, and that was if the company needed the client’s help with the investigation, maybe requiring a witness statement from them. “In these circumstances, you’ll obviously have to put them in the picture, but you must stress that they need to keep everything under wraps, and you must never disclose the final outcome to them unless you have the employee’s permission.”

Our family law expert is concerned that divorcing couples would apparently head straight for the courts rather than consider the alternatives available.

Nadia Davis is the family law partner at our head office in Euston Way, Telford, and she has now qualified as one of the very first collaborative lawyers in the county.

“My new qualification means I work with couples going through a divorce on an agreement that shows they are committed to finding the best solutions through negotiation, rather than the courts. The agreement also prevents lawyers involved in the initiative from representing their client in court if the collaborative process breaks down. So this means everyone involved is absolutely committed to making it work,” said Nadia.

But sadly this alternative route to resolve disputes has not been adopted by everyone, and national research shows some worrying figures.

“A poll of over 4,000 British adults was commissioned by Resolution, an organisation for family lawyers and other professionals in England and Wales,” said Nadia.

“And the statistics showed that only 51 per cent of those who responded would consider a non-court based solution. This is particularly disappointing as mediation, arbitration and other forms of alternative dispute resolution provide a much more cost-effective and faster route when compared to time-consuming court proceedings.”

Nadia said the family court system was coming under increasing strain and that raising awareness of alternative approaches could solve a lot of problems.

“One of the benefits of the collaborative process is that it is not driven by a timetable imposed by a court. The process can be built around each family’s individual timetable and priorities, and sometimes only a handful of meetings may be required to resolve the case, which really is a much quicker way to deal with divorce.

“One of the biggest fears for anyone who is going through a family breakdown is the potential costs they may face, and our fixed fee structure, combined with the new collaborative approach, gives our clients a much clearer picture of how things are likely to proceed.”

Experts from the award-winning Martin-Kaye Solicitors are to take their skills on the road in a bid to help local employers.

The team from our office on Tettenhall Road, in Wolverhampton, is launching a brand new programme of seminars designed to help companies chart a course through the minefield of employment law.

John Mehtam, who leads the team, said: “We have run our popular HELP presentations all over the country, and now we’re introducing them to the Wolverhampton area. HELP stands for HR and Employment Law in Practice, and our events will offer a unique opportunity for business leaders to hear from the very best when it comes to tackling topical issues.”

The presentations will run bi-monthly throughout 2014, starting on January 23, from 5.30pm to 7.30pm, at The Ramada Hall Hotel, in Park Drive, Goldthorn Park.

“We will cover a wide range of topical issues which business owners face every day – such as long-term sickness absence, discrimination, and employees leaving the company and taking valuable information with them,” said John.

“We deliberately restrict the number of places available at these events to ensure that everyone who attends gets the opportunity to be directly involved and that delegates also get the chance to ask as many questions as they like.”

John said there was a big difference between theory and practice, and as more regulations were introduced, even the most experienced HR managers and business owners could find they needed the back-up of professional legal advice.

“Many of our delegates have said in the past that they particularly appreciate the opportunity to share the problems they’re facing with others in a similar position. They also felt that removing themselves from the day-to-day business environment created the perfect setting for them to focus on the specific subject concerned.

“In the longer term, we’re hoping to extend our HELP presentations to the wider West Midlands area too as we’ve seen a real demand from customers in that region for our expertise. It’s clear that our events are extremely effective in helping businesses to pro-actively understand and apply the relevant legislation rather than just dealing with the outcomes if things don’t go so well.”

Social media networking has rapidly become a crucial tool for thriving businesses, but many could be breaking the law just by using it.

Our senior partner Graham Davies said many companies were now engaging with their customers through all kinds of methods including Twitter and Facebook.

“In years gone by, a listing in the Yellow Pages or a local business directory was the way to go, but increasingly social media is becoming a tool that cannot be ignored. The trouble is that some businesses may not realise that data protection laws apply to social media just as they do to more traditional forms of communication.”

Graham said as well as interacting with customers on social media, some businesses also ran a company blog or a forum linked to their website.

“The Information Commissioner’s Office has warned that many companies could be breaching the Data Protection Act 1998 with their online activities. It has said companies should take just as much care with their efforts in the virtual world as they do with other methods of promotion, and the office is now paying close attention to what’s happening online.”

Graham said formal guidelines had been published by the ICO and that company bosses should ensure they followed them to the letter.

“Equally companies should be very cautious about approaching customers and potential customers with direct marketing. Whether you’re making a telephone call, sending a text message or an email, all these sales methods are covered by the Privacy and Electronic Communications Regulations 2003.

“There are strict rules about having the customer’s permission to send them information like this – and just because they’ve agreed to receive phone calls from you, you can’t then simply email them aswell with your latest offers.

“They must have specifically agreed to receive your information in their chosen form and one permission doesn’t automatically open the flood gates for you to bombard them with all your promotional merchandise. Bear in mind too, that the ICO can impose fines of up to £500,000 if you send unwanted email marketing messages, so it really does make sense to familiarise yourself with the finer details of the rules before you start a new campaign.”

Businesses are being urged to start preparing for major changes to maternity leave rules, which could soon have significant impact on staff working patterns.

Under new Government proposals, mothers and fathers will soon be able to share the statutory maternity leave and pay entitlements.

“Eligible mothers and their partners will be entitled to be absent from work for up to 52 weeks to care for a newborn child, and take up to 39 weeks of shared maternity pay,” said our employment law specialist John Mehtam.

“Parents can choose to be at home together, or to work at different times and share the care of their child by taking the maternity leave in turns. If businesses embrace the changes, they can also benefit from being able to have more open discussions about patterns of leave with their employees.”

John, who leads our employment law team in Telford and Wolverhampton, said it was important for companies to digest the personnel implications of the plans long before they are due to come into effect in 2015.

“Employers will not be obliged to agree to the leave pattern proposed by their staff, and employees will have to give at least eight weeks’ notice of their intentions to opt into the scheme. This is important, because there is a danger that the system could otherwise become complex and costly for companies to administer, and impact on productivity.

“The proposals are part of the Government’s pledge to support working families, so women do not feel they have to choose between having a successful career or having a baby. There is no doubt that, if the plans are given the go-ahead, parents will have much more flexibility to choose how they share care for their child in the first year after birth.”

He said: “Companies should not just look at this as an administrative headache. When worked correctly, employers can also gain from a system which allows them to keep talented women they may otherwise have lost.”

The proposals for shared parental leave and flexible working are included in the Children and Families Bill 2013 which is currently going through Parliament.

“The number of times a parent can notify their employer they want to take a period of shared parental leave will be limited to three. This is a sensible move; it balances the need for parents to use the leave flexibly against the uncertainty an employer may experience from unlimited changes.”

Companies that refuse to consider mediation as a way of solving disputes could pay a stiff penalty if the case reaches court, according to one of our legal experts.

Andrew Oranjuik’s comments follow a landmark Court of Appeal ruling which presented a London commercial property tenant with a sky-high legal bill.

The landlord, PGF, was seeking more than £1 million in damages from its former tenant, OMFS, over the alleged disrepair of three office floors in a building on London’s Lombard Street. It had invited OMFS to mediate on two separate occasions, but been met with silence, and appeal court judge Lord Justice Briggs said a lack of response in the face of such an invitation was “unreasonable”.

Andrew, who is from our commercial team, said: “As a result of this, OMFS was not allowed to recover a substantial proportion of its costs which it would otherwise have recovered. So the message is clear. If you are in a dispute, you can expect to be penalised if the idea of mediation has not been at least considered.”

He said: “Although not every case is suited to mediation, our experience is that it is very often an effective method of resolving disputes much quicker and cheaper than fighting in the courtroom to the bitter end.”

Mediation has been a popular alternative to court proceedings for 10 or 15 years when it comes to resolving commercial disputes. It involves both parties attending a session with a neutral third party, in an attempt to negotiate an out-of-court settlement.

“The Court of Appeal’s decision in the PGF case reiterates the importance of being prepared to consider the option of mediation. Although courts do not have the power to compel businesses to go down this route, the potential and costly consequences for a party that fails to engage in the process are now crystal clear. Failure to consider mediation could land a company with a significant bill which could have been so easily avoided.”

Motorway service stations aren’t just being used to break up long family journeys – they’re becoming popular options for business meetings.

Many sites are even setting aside designated private meeting rooms for corporate customers keen to escape the ‘coffee shop chaos’ of a bustling town centre.

“Finding a suitable spot to meet clients while on the move can be tricky, and there are some obvious advantages to using a motorway service station,” said Graham Davies, our senior partner.

“For starters, they are easy to find, and free parking is plentiful, in contrast to a town centre location where you often waste time trying to find a parking space, and end up clock-watching in a coffee shop instead of focusing on the business at hand.

“The negative is that there is a cost, of course, but since this is a new departure for many service stations, they are still relatively cheap. For example, Moto currently offers a meeting room for £30 for half a day, while others rent space at around £8 an hour.”

Midlands service stations hiring out meeting facilities include Cherwell Valley on the M40, and Donington Park on the M10, while free wi-fi is available at the M54 services near Shifnal.

Graham said: “At the moment, facilities for business meetings do vary from one service station to the next, but in some locations, there are even hot desks. So if your phone is out of power or you’re desperate to pick up or send an e-mail, make an urgent call, print or fax some kind of official document, the nearest motorway service station might have exactly what you need.”

Company bosses must give staff the opportunity to make confidential complaints if they feel they are being harassed in the workplace, a legal expert has warned.

John Mehtam, our employment law specialist, highlighted a high-profile case involving 22-year-old Elizabeth Cowhig, who worked at a call centre for Liverpool-based electronics firm Digital Maintenance Ltd.

Line manager Owen Kennard, told Elizabeth she had ‘the best legs’ of all his staff, made inappropriate remarks about her being ‘fit’ and ‘sexy’, and at one point asked her to spend the night with him in a luxury hotel.

Shortly after trying to report the issue to the managing director, she was reprimanded, and then sacked without explanation. A tribunal awarded her £13,000 in compensation for sexual harassment.

John said: “Elizabeth could not claim for unfair dismissal because she did not meet the required length of service. But the right not to be sexually harassed at work kicks in immediately. It seems that where the company went wrong in this case was failing to provide employees with a proper facility to make a confidential complaint.

“Having a robust ‘dignity at work’ policy is not enough. Staff should be able to contact directors or proprietors personally if they wish to complain about unlawful treatment.

“By giving them the opportunity to make a direct report by a letter or e-mail marked as a confidential HR matter, an employer is seen to be taking all reasonable steps to prevent such instances occurring.”

John said: “When harassment or any kind of discrimination is alleged, the buck does not stop with the company; it’s the directors who can be held personally liable. By allowing employees to make a direct report, they cannot ever claim that their door was not open.

“Just because comments are dismissed as office banter, they cannot be ignored if the person involved is upset by them and directors must ensure they take any complaints very seriously.”

If you’ve started working from home, should you be paying business rates? And could you be breaking the law by not displaying your company’s nameplate outside the front door?

With a rapid rise in the number of people using their homes as offices, employment law expert Tina Chander says these are just two issues which should be considered.

“With businesses trying to keep overheads to a minimum, many employees will have been asked to maybe keep stock in their garage, or work remotely from an office at their home,” said Tina, from our commercial team in Telford. “As a general rule of thumb, as long as your property is still mainly used as your home, there won’t be a problem. So a spare room being used as an office, or some non-hazardous stock being stored in the garage, is fine.

“But that does not mean there may not be consequences - you might have to pay business rates. There is no hard and fast rule on this because it is up to every council to decide, in conjunction with the valuation office.”

Tina said there were some common misconceptions over the rules concerning company nameplates.

“Contrary to popular belief, it’s not just the registered office which must show one. Company law says that each and every place at which business is carried on must display a sign showing the registered name.

“However, most people are exempted from this, because one of the exceptions is when the premises is primarily used for living accommodation . . . in other words, your home. So, for most homeworkers, they will not be opening themselves up to extra rates, or breaking the law.

“But you should contact your local council for permission if you intend to use your home regularly for company business. It’s advisable to check first, rather than get hit with a surprise bill later.”

Directors have been reassured their company assets should not be at risk if they face divorce proceedings.

Nadia Davis, our family law expert said with one in three marriages ending in divorce, it was vital that everyone involved knew where they stood.

“In any divorce case, the assets of the marriage have to be clearly established and then divided fairly between the couple involved. But if either person is a director of a company, it’s important that you know just how far you can go in protecting your company’s assets.”

Nadia said the courts would identify the assets of a marriage as any money and property (including houses, cars and possessions) owned jointly by the couple or separately by one of them.

“If you can’t agree on how to divide these assets, the courts will ask each individual to set out their current financial circumstances and any potential future needs. This means each person will need to give details of their salary, shares, investments, debts and their housing needs. And if there are children involved, their needs will always come first. So if you’re the main or sole carer of the children, in the vast majority of cases you’ll get a larger portion of the assets to cover their needs.”

Nadia said once the children were provided for, or if there were no children involved, the court would take into consideration each side’s finances and share the assets out as appropriate.

“Obviously anything you own either personally or jointly would be included and divided, but what about the assets of any company you may run? The good news is that your company’s assets, such as property, cars or money in the bank are safe – the company has separate legal status meaning it owns these assets directly and so they can’t be included in any negotiations.”

But Nadia warned that a director’s salary, shares and pension would all be closely assessed, and if the company looked likely to be successful in the future, that income could be factored into the settlement.

“And if a director’s spouse has enjoyed a certain standard of lifestyle through the company, such as private health care or a company car, the courts will try to ensure they don’t lose out too.”

Small businesses should not fear the cost of protecting themselves and their work – it could be cheaper than you think.

That’s the message from Stuart Haynes, who said every company – no matter what their size – should make sure they’re fully aware of their intellectual property responsibilities.

“Whether it’s a trading name, design work, trademarks, a customer database or copyright, business owners must identify and assess the IP rights that belong to the business.

"Sadly many small businesses are unaware of their rights, which means they could be at risk and they won’t realise until it’s too late.”

Stuart said it was a common mistake to think that registering a name at Companies House automatically gave a company the right to use a trademark.

“But in reality, trademarks have to be registered separately so another company may actually be the legal owner of the trademark you thought belonged to you.”

He said the main reason most smaller companies failed to identify and protect their intellectual property rights was down to cost.

“It is sometimes true that this can be a complicated area of law, and so expert advice may be needed, but in fact many IP rights can be identified and protected quickly and easily without any cost at all.”

Stuart said the Intellectual Property Office (IPO) had launched a whole new range of free online tools called IP for Business.There are downloadable guides which explain the different kinds of IP rights and also guidance on applying for patents.

“You can also get an IP health check and generate a list of recommended action points to help protect your company at the click of a button, as well as an interactive package to help you understand IP in greater detail. And if you use an Apple or an Android device, there’s the new IP Equip app which you can use wherever you are and at any time.

“Obviously self-help programmes like this can’t replace professional advice altogether, but they will give you a clearer picture of where your company stands, and whether you need to take further action.”

We're celebrating after our litigation team scooped a high profile national award.

Martin-Kaye Solicitors, in Telford and Wolverhampton, have been named as Midlands Litigators of the Year in Acquisition International Magazine’s annual awards.

Senior Partner, Graham Davies, said: “We’re absolutely delighted to have taken another national title in such a prestigious competition, particularly as the winners are chosen through votes cast by a combination of clients, other professionals and our peers.

“It’s particularly pleasing as we are one of the very few law firms outside major cities to develop a specialist commercial litigation team, and this award proves our efforts are paying off.”

Graham said the commercial litigation team had dealt with a wide range of claims in the last year, including partnership and shareholder disputes, disputes over intellectual property, professional negligence, and disputes in property, contract, construction and IT cases.

“We have always maintained that businesses don’t need to resort to city-centre firms to find professional, commercial advice at the right price, and our success has proved that a firm our size based in a county like Shropshire can compete at the very highest level.”

The AI Awards celebrate excellence, innovation and performance in the legal industry and are designed to reward the most deserving practices in today’s current global and very challenging environment. They give a comprehensive analysis of the industry and a complete run-through of the best of the best in terms of industry experts.

Martin-Kaye’s success in the AI Awards follows hot on the heels of the company receiving impressive recognition in the independent UK Legal Directory Legal 500.

Pic: Celebrating their award win are, from left, Jason Round, Mohammed Ahsan, Graham Davies and Andrew Oranjuik

Experts from our award-winning law firm have hailed the launch of our latest advice seminar programme a great success.

We have unveiled a brand new programme of seminars designed to help companies chart a course through the minefield of employment law. And our first event at The Ramada Hall Hotel, in Wolverhampton, attracted an audience of around 40 employers.

Senior Partner Graham Davies said: “We have run our popular HELP presentations all over the country, and now we have introduced them to the Wolverhampton area where we have just opened a new office.

“HELP stands for HR and Employment Law in Practice, and our events offer a unique opportunity for business leaders to hear from the very best when it comes to tackling topical issues.”

The first Wolverhampton event gave delegates advice on how to deal with short and long-term sickness absence and how to avoid “open wallet surgery” dealing with claims at a tribunal.

“Our delegates heard from our employment law specialist, John Mehtam, who shared his expert knowledge, and the event was not just an informative session but an opportunity for business owners and senior managers to meet and share their experiences and ideas. We deliberately restrict the number of places available at these events to ensure that everyone who attends gets the chance to be directly involved and that delegates also have the option to ask as many questions as they like.

“The Ramada proved to be an excellent venue for the seminar too, and we’re looking forward to hosting more HELP sessions in the coming months. In the longer term, we’re hoping to extend our programme of events to the wider West Midlands area too as we’ve seen a real demand from customers in that region for our expertise.

“The feedback to our launch event has proved that our HELP presentations are extremely effective in helping businesses to pro-actively understand and apply the relevant legislation rather than just dealing with the outcomes if things don’t go so well.”

The next HELP presentation is planned for Thursday, March 27, at 5.30pm, also at The Ramada Park Hall Hotel in Wolverhampton.

Pic: Martin-Kaye Employment Law expert John Mehtam (left) and Barrister Bruce Frew, from St Philips Chambers in Birmingham

We've welcomed a new commercial property specialist to our growing team - Madelene Schofield-Whittingham who will lead our commercial property department.

She has a wealth of commercial property experience spending several years working in London and the west country, before relocating to Shropshire.

“I’m delighted to be here at Martin-Kaye as it is a well-established firm with a thoroughly modern and innovative approach. I’ve been extremely impressed with the high standards of legal expertise right across the practice in all departments. This quality of service throughout the entire firm will mean my team can deliver a complete service to our commercial clients.”

Madelene said she was now looking forward to using her experience to develop the commercial property department further. “We’ll be working hard to build on Martin-Kaye’s strengths of excellent client care and strong commercially-based legal advice.”

Senior partner Graham Davies said: “Madelene is a valuable addition to our team and her experience makes her a real asset when it comes to leading our commercial property department. We’re looking forward to working closely with Madelene and to hearing her ideas on how the department should move forward in the future.”

Martin-Kaye’s commercial property team deals with all aspects of commercial property including purchases, sales and leases for business owners and commercial landlords. They can also help throughout the entire development process from buying potential sites, to taking them through the complex legal and planning process to the stage where they can be sold as “development ready” sites to the building trade.

Leaseholders of flats across Shropshire have been warned they need to secure their future by negotiating the very best deal on the duration of their lease.

Andrew Oranjuik from Martin-Kaye Solicitors, said it was never too early to be thinking about the length of a lease.

“Almost all flats have long leasehold agreements on them which can typically be 99 or even 125 years, which of course sounds like a lifetime away. But what happens when the lease comes to an end? The short answer is that the flat has to be handed back to the owner of the building.

“To ensure tenants are protected though, they have a legal right to extend the period of their leases by up to 90 years, as long as they pay a premium. And even though you may think the end of the lease is light years away, it’s in your best interest to renegotiate at the earliest possible opportunity.”

Andrew said early discussions were advisable as the premium payable to the owner of the building increases as the time left on the lease decreases.

“Mortgage lenders are often reluctant to lend against leases where there is only a short term left on the lease too, and buyers are also unlikely to want to buy a leasehold flat with just a few years left on the agreement.”

He said the premium payable to the owner of the building in order to extend a lease is calculated using a complex formula linked to the value of the flat itself.

“You’ll find that the premium increases significantly once the lease term drops below 80 years, so the sooner you start negotiating, the better. So check the small print and act as soon as possible, ideally while there is at least 80 years still left on your deal, as this will preserve or even improve the value of the property.

“It will be money well spent and you will have safeguarded your position, putting your mind at rest that you’ll be able to live in the property for many years to come.”

Hefty bills could hit hard

Warm welcome in Wolverhampton

Lawyer gives a stern reminder

Property scheme is not all good news

Think before you speak - or face the consequences

Behind closed doors...

Courts are not the only way

HELP is on its way

Online risks of social media

Plan now for new maternity rules

Talk it through to save penalties

Meetings on the move

Office banter can be costly

Home workers need to check the rules

Hands off the company assets

Do you know what's rightfully yours?

Award success for litigation team

HELPing hand is welcome

Commercial property expert joins the team

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