June 2023

Estate planning: Equity release and inheritance tax

Posted on 26 June 202329 March 2025 by Sarah O'Sullivan

Paul and Margaret Evans are a retired couple in their late 70s. They own a valuable property worth £1.2 million and have savings and investments worth £800,000. They have two children and wish to minimise the impact of inheritance tax on their estate, while ensuring they have sufficient funds for their retirement.

Client objectives: Paul and Margaret Evans wish to reduce their potential inheritance tax liability and maximise the amount they can pass on to their children. They also want to maintain their current standard of living and have the flexibility to access additional funds if needed.

Strategy: To achieve their objectives, Paul and Margaret decide to explore the option of equity release as a part of their inheritance tax planning. Equity release allows them to release a portion of the value tied up in their property while continuing to live in it.

Recommendation and Implementation:

Initial Meeting: Paul and Margaret discuss with Toni Chalmers-Smith, their financial adviser at Tees Wealth, inheritance tax planning and equity release. Toni assesses their financial situation, including their property value, savings and investments, and determines the potential inheritance tax liability.

Equity Release Option: After reviewing Paul and Margaret’s financial situation, Toni recommends a lifetime mortgage as the most suitable equity release option. A lifetime mortgage allows them to borrow against the value of their property, either as a lump sum or in smaller amounts over time.

Loan Amount and Interest Rates: Toni calculates the loan amount Paul and Margaret can release based on their age, property value, and health conditions. They also discuss the interest rates, repayment options, and implications for their estate.

Estate Protection: To ensure that the inheritance for their children is maximised, Paul and Margaret decide to opt for an interest roll-up plan. This means they won’t make regular interest payments, and the interest will be added to the loan balance. The loan, including the accumulated interest, will be repaid upon their death or if they move into long-term care.

Inheritance Tax Planning: By releasing a portion of their property’s value, Paul and Margaret can use the funds to make gifts to their children, reducing the overall value of their estate. They consult with a solicitor at Tees to ensure the gifts are structured appropriately within the inheritance tax rules and exemptions.

Ongoing Review: Paul and Margaret maintain regular contact with Toni and their solicitor to review their estate planning strategy and make adjustments as needed. They understand that changes in legislation or their personal circumstances may require modifications to their inheritance tax planning approach.

Outcome

By utilising equity release for inheritance tax planning, Paul and Margaret achieve several objectives:

Inheritance Tax Savings: By gifting a portion of the released equity to their children, Paul and Margaret effectively reduce the value of their estate, potentially resulting in significant inheritance tax savings.

Retained Standard of Living: Paul and Margaret can access the released funds to maintain their current lifestyle, cover healthcare expenses, or enjoy travel and leisure activities during their retirement.

Flexibility: With an interest roll-up plan, Paul and Margaret have the flexibility to choose how and when they access the funds, whether as a lump sum or in smaller amounts over time with a drawdown facility. This provides them with financial security and peace of mind.

Legacy for Children: By reducing their inheritance tax liability and making gifts during their lifetime, Paul and Margaret can pass on a larger portion of their estate to their children, ensuring a more substantial financial legacy.

Important Considerations:

If you are releasing equity to gift money to another person, this will be exempt from IHT if you live for 7 years thereafter, and do not derive any direct or indirect benefit back.  However, if you die within 7 years of making the gift, it will be brought back into account with the rest of your estate when calculating the tax.

It’s crucial to note that equity release, including lifetime mortgages, is a complex financial product. Mr and Mrs Evans sought professional advice from a qualified financial adviser and solicitor to ensure they understood the risks, costs, and implications of their chosen strategy. Everyone’s circumstances are unique, and it’s important to consult with a specialist within this area of advice.

Tees is a trading name of Tees Financial Ltd, which is authorised & regulated by the Financial Conduct Authority, Registered in England, and Wales number 4342506.

Tees is a trading name of Stanley Tee LLP regulated by the Solicitors Regulation Authority, Registered in England in England, and Wales number OC327874.

Quarter days explained

Posted on 22 June 202324 April 2025 by Sarah O'Sullivan

Many leases provide for annual rent to be paid in four equal instalments “on the usual quarter days” and clients are often surprised to learn that these are 25th March, 24th June, 29th September and 25th December.

What are the usual quarter days?

These days are not, as one might expect, the first days of the first, third, sixth and ninth months of the calendar year and the quarters which result are not all of the same length.

The explanation lies rooted in the past when England was largely an agricultural country and labourers were hired on annual contracts.

Most people could not read or write and so there needed to be a simple system that everybody understood so that they knew when such contracts would begin and end.

The Church was an important part of most peoples’ lives and so the Church’s calendar was followed. Under that calendar each new year began on 25th March (the Feast of the Annunciation) known as Lady Day, so that became the date from which employment contracts ran. That date then also came to be the date from which to calculate other important financial transactions, and further dates evolved upon which payments, including rent, had to be made.

So that these could be remembered easily, important fixed religious feast days were chosen throughout the year, approximately three months apart, to split the year into quarters hence the name “Quarter Days”.

The four quarter days in England and Wales accordingly came to be Lady Day (25th March), Midsummer Day (24th June, the Feast of St John the Baptist), Michaelmas Day (29th September, the Feast of St Michael and all Angels) and Christmas Day (25th December).

Different days tended to be used in Northern England, Scotland and Ireland.

In 1582 Pope Gregory XIII introduced a new calendar, the Gregorian Calendar, to reform the previous Julian Calendar and to bring it more into line with the lunar year so that Easter Day could be calculated. As a result 10 days were skipped over and lost from that year.

In 1752 the law was changed so that each calendar year started on 1st January but the way in which people had become accustomed to pay their rent did not change and the “rent year” continued to commence on 25th March. In many leases, that remains the case to this day.

More modern quarter days

Some landlords have, however, moved away from the traditional quarter days and many modern leases now provide for quarterly rents to be paid on 1st January, 1st April, 1st July and 1st October.

By way of an aside, as well being the first day of the “rent year”, Lady Day was also the start of the tax year. When Pope Gregory introduced his new calendar in 1582 the problems associated with the loss of the ten days were too much to cope with so the start of the tax year remained as the “old” Lady Day. This became 6th April under the new calendar which explains why, more than 400 years later, this remains for us the date upon which each new tax year starts.

Tees are here to help

We have many specialist lawyers who are based in:

Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.

Tees advises Savage Haulage Limited on its sale to The Ice Co Storage & Logistics Holdings Limited

Posted on 22 June 202327 March 2025 by Sarah O'Sullivan

Tees has advised the sellers of Savage Haulage Limited (Savage Haulage), one of the largest temperature-controlled storage and logistics businesses in East Anglia, on the sale of Savage Haulage to The Ice Co Storage & Logistics Holdings Limited (Ice Co).

Savage Haulage has been a family business for 60 years and has been managed in recent years by brothers Martyn and John Savage. It has sites in both March and Thetford and, in 2021, Savage Haulage generated £5.9 million in turnover. Ice Co operates from sites in Newcastle, Preston and Doncaster, and provides storage, logistics, blast freezing and tempering services. Ice Co’s acquisition of Savage Haulage represents a sizeable step forward for Ice Co in terms of its geographic reach nationally.

Martyn Savage, joint MD of Savage Haulage commented: “The Ice Co are a family company with the same values and ethics as ourselves. They are committed to continuing the existing operations retaining our existing personnel in the same positions and creating further opportunities in East Anglia as they take the business forward.”

Lucy Folley, Partner at Tees Brent wood, Baljeet Kaur, Senior Associate at Tees Brentwood, and other members of the Corporate team at Tees advised Martyn Savage and the other owners of Savage Haulage on a suite of transaction documents, including a complex share purchase agreement and intricate disclosure letter. Lucy was practical in her approach to ensuring that the owners of Savage Haulage understood the legal implications of their commercial decisions and utilised her deep knowledge of the logistics industry to navigate any potential issues arising. The Corporate team worked seamlessly and collaboratively with the Commercial Property team, which was led by Senior Associate Daniel Fairs.

Lucy Folley commented: “We are delighted to have advised the sellers of Savage Haulage Limited on such a monumental transaction in the transport and logistics industry. The sector has faced inflationary challenges in the form of rising fuel, energy, and labour costs. Following a slowdown in consolidation during the pandemic, we are now seeing a strong resurgence in interest in mergers and acquisitions as businesses seek to capitalise on strategic opportunities and enlarge their geographical footprints. Tees is known for acting for both purchasers and sellers in the transport sector; this transaction showcases both the firm’s deep logistics expertise and the sheer importance of M&A deals we are advising on.”

Tees collaborated with Price Bailey, advising the sellers of Savage Haulage on the financial and accounting aspects of the multi-million-pound transaction.

Tees advises Moralis Group Limited on its disposal of G.B.N Services Limited

Posted on 22 June 202327 March 2025 by Sarah O'Sullivan

Tees has advised long-standing client Moralis Group Limited (Moralis) on the sale of G.B.N Services Limited (GBN)to Reuse Holdings Limited, part of the wider Sortera Group (Sortera).

GBN was incorporated in 1986 and has grown to become the leading skip hire, recycling and waste company for construction, commercial and household customers across the Southeast of England. GBN has a strong regional presence supported by established UK-wide partners.

Garry Hobson, Managing Director of GBN, said: “This transaction marks an important milestone in what has been a very successful journey for GBN so far, and I am happy that we are now part of Sortera. Sortera shares many of the same success factors as GBN with an entrepreneurial vision, a passion for customers and a strong focus on sustainability. They are a strong partner which will allow for further investment into and development of GBN, which will benefit both the market and our end customers.”

Sortera is a leader in the collection, recycling, processing and sale of residual products from the building and construction sector within northern Europe. Having acquired London-based O’Donovan Group Limited in June 2022, Sortera’s acquisition of GBN represents an additional strategic, geographic investment for the company in the south of England.

Sebastian Wessman, CEO of Sortera, commented: “Sortera is very excited to welcome GBN Services to our UK operations. GBN has built a very strong reputation in the London market with a strong focus on customers, quality and sustainability led by a passionate and experienced team of employees. GBN’s way of working is very much aligned with Sortera’s core values, and we are very happy to add them to the growing Sortera family.”

Corporate Partners Lucy Folley and Baljeet Kaur, with support from the wider Tees Corporate team, advised Moralis on the corporate aspects of the transaction. With sites in Edmonton, Rochford, Southend, Harlow, and Uxbridge, there was a sizeable commercial property aspect of the sale of GBN. Partner Aaron Cane and Senior Associate Lucy Beck advised Moralis on the real estate components of the deal.

Lucy Folley said: “We are proud to have supported and advised long-standing client, Moralis, on this substantial transaction in the commercial recycling and waste disposal sector. Our lawyers have the knowledge and expertise required to truly understand our clients’ industries, which allows us to navigate them through the thorniest of their legal issues and provide practical, tailored solutions at every given opportunity. It was a pleasure to work once again with the Moralis team and we wish them every success in the future.”

Tees worked alongside LB Group, which provided advice to Moralis on the financial and accountancy aspects of the transaction. Having acted for GBN Services for over a decade, LB Group and their Corporate Finance team headed by Stuart Sheldrick were pleased to be involved in the sale of GBN Services.

Stuart Sheldrick said: “It was great to be part of the team working closely with the sellers Moralis Group spearheaded by Soliman Motala, and the team at Tees Law consisting of Lucy Folley and Baljeet Kaur, to ensure a successful execution of the sale to enable Moralis Group to develop their strategic plan.”

White & Case LLP and Eight Advisory acted for Sortera on the multi-million-pound deal.

Considering leasing your land for a solar farm project?

Posted on 21 June 202324 April 2025 by Sarah O'Sullivan

Solar farms are one of the fast-growing renewable energy initiatives which are springing up across the country. Solar developers are constantly looking for land to build new solar projects on, so if you are a landowner with some unused land, this gives you the opportunity to lease your land and diversify your income, usually by way of a rental income over a fixed period of years.

Solar farms, also known as solar fields or solar parks, are the large-scale application of solar photovoltaic (PV) panels to generate green, clean electricity at scale, usually to feed into the national grid. Solar farms can cover anything between 1 acre and 250 acres and are usually developed in rural areas.

Approximately 25 acres of land are required for every 5 megawatts (MW) of installation – see our checklist below to find out if your land may be suitable.

As well as providing you with an additional income stream, there are a host of other environmental benefits associated with solar farms. Embracing solar farms as part of your land diversification strategy contributes to a sustainable and prosperous future both for you, your family and society as a whole.

What are the benefits of solar farm land diversification?

Stable income – leasing or selling the land for solar farm development provides an increased, diversified and stable source of income for you as a landowner. This can enable financial security and potential long-term revenue streams.
Reversible land use – solar farms represent a time-limited, reversible land use option for landowners. Unlike permanent infrastructure, such as buildings or roads, solar farms can be decommissioned relatively easily, allowing the land to be repurposed for other agricultural or developmental activities in the future.
Efficient use of land – one of the remarkable aspects of solar farms is their ability to generate substantial electricity while occupying a relatively small portion of land. For instance, installing 10,000 megawatts (MW) of solar capacity on the ground in the UK would only utilize 0.1% of the country’s agricultural land area. Despite occupying a small fraction of available land, this solar capacity could generate enough electricity to power over 3 million homes. This efficient land utilisation allows for the coexistence of agricultural activities alongside renewable energy generation.
Significant energy generation and carbon reduction – solar farms have a significant impact on energy production and carbon reduction. With every 5 MW of installed capacity, a solar farm can annually power more than 1,500 homes. Considering the average annual household electricity consumption of 3,300 kWh, this represents a substantial contribution to meeting energy demands. Moreover, the environmental benefits of solar farms are evident in the reduction of carbon dioxide (CO2) emissions. A solar farm with a 50 MW installation can save approximately 21,500 tonnes of CO2 annually, contributing to mitigating climate change and improving air quality.
Grid resilience and energy independence – distributed solar farms across various locations contribute to grid resilience and energy independence. By decentralizing energy generation, solar farms reduce the dependence on a single centralized power source, minimizing the risk of widespread outages. In cases of extreme weather events or natural disasters, solar farms can continue to generate electricity, providing essential power supplies to nearby communities. This resilience helps ensure a stable and reliable energy infrastructure.
Land conservation and biodiversity promotion: solar farm land diversification can be designed to incorporate conservation measures, supporting local ecosystems and biodiversity. By implementing pollinator-friendly vegetation, such as wildflowers or native grasses, solar farms can serve as habitats for bees, butterflies, and other beneficial insects. These efforts contribute to the preservation and restoration of wildlife populations, enhancing biodiversity in the surrounding areas. Additionally, by preventing agricultural land from being converted into urban or industrial areas, solar farms can play a role in conserving valuable natural resources.
Community and economic development: Solar farms can have a positive impact on local communities by fostering economic development. During the construction phase, solar farms create job opportunities, providing employment for local workers and boosting the local economy. Furthermore, solar farms can establish partnerships with neighbouring communities, supporting educational initiatives, renewable energy awareness campaigns, and community-based projects. This collaboration promotes a sense of ownership and involvement in the transition to clean energy, creating a more sustainable future.

Is my land suitable for a solar farm?

This checklist gives a guide as to the likely suitability of your land for a solar farm project and things you should consider:

Is the land flat? If not, what is its gradient and orientation? The incline of the proposed land impacts the ease of building and access.
Is there access to the site? Roads and paths will be essential for construction vehicles and crews to enter and exit the construction site. As part of the solar project, the developer may wish to install accessways or enlarge what is already there.
Is the ground rocky? How deep is the topsoil? Rocky ground may be more challenging to build on or insert ground mounts into. Topsoil depth also affects the structural stability of foundations.
Is the proposed location of the solar panels in an Area of Outstanding Natural Beauty (AONB) or a national park? It is unlikely that a solar farm will receive planning consent if it is located within either of these two categories of land.
Can the field be seen from a road? If the site is visible from the road there may be additional planning considerations due to the perceived impact on the visual amenity of the area which refers to the views and surroundings that comprise the backdrop to an area.
Is there any substantial energy consumption on the premises? You need to factor in whether the proposed solar farm is being considered for powering and offsetting the electricity bills of commercial premises.
Where is the nearest substation/power connection? Proximity to a substation or power connector is desirable because voltage drop/power losses through power cables increase with distance. The size of the power line is also important: a 33kVa line or above is ideal, however 11kVa lines are also suitable. A developer will need rights to install cabling under your land (and potentially under neighbouring land). In addition, they may well need rights to allow the installation of a new substation on your land.
Is there any existing solar PV installed on the property currently? Installing a new system on a property where one already exists may have an impact on the feed-in tariff eligibility of the first system. Additional electrical connection considerations will also apply to a second system.
Are there any substantial solar PV or wind farm installations nearby? Receiving permission to connect to the grid may depend on the state of the network in the region of the proposed installation. An already high penetration of solar power or wind (both types of ‘distributed generation’) may affect the ease of granting a grid connection permission.

How does the leasing on a solar farm work?

As a landowner, typically you will receive rental income on the leased land, in exchange for a rental income for a fixed number of years – usually around 30 years. Rental payments are index-linked, rising annually with inflation and made in advance from the point at which construction of the site begins.

How Tees can help

The experienced renewable energy team at Tees can advise both developers and landowners at every stage of the property aspects of a solar project. This includes all stages from the early lease negotiations, through to helping secure funding and offering ongoing assistance with the operation of the solar site throughout the term of the lease.

Tees Better Future Fund grant awarded to Essex charity, Action For Family Carers

Posted on 7 June 202329 March 2025 by Sarah O'Sullivan

Tees Better Future Fund is very pleased to announce that Action for Family Carers in Essex is one of the three community projects to receive a Tees Better Future Fund grant in the latest funding round.

Action for Family Carers is an Essex charity, which for over 30 years has been providing information and support to carers who have unpaid, caring responsibilities for others.

Their mission is to make a positive difference in the lives of carers including young carers. Action for Family Carers does this by offering an array of different activities and support groups across Essex such as:

young carer club nights and support in schools
young adult carer transition support when moving to further/higher education or employment
counselling for carers
day care and Activity Groups for vulnerable older people and people with dementia and memory loss
whole family support
targeted support such as GP liaison.

These programmes have helped over 1000 families and that number continues to grow every day.

The grant funding will go towards a new club, to support young carers in the Chelmsford area. They will support young carers across Essex by providing practical and emotional support as well as respite care. This club will allow young carers to spend time with their peers, take part in arts and crafts, get a healthy snack, and provide them with the opportunity, to unwind and enjoy themselves away from their caring responsibilities.

Chris Vince, Young Carers Service manager for Action for Family Carers, said :

“The support we get from local charities like the Tees Better Future Fund is essential to allow us to do the work we do, supporting young carers across Essex and I would like to take this opportunity to thank them for such a generous donation.

Young carers provide such a vital role in supporting family members in need and we want to do everything we can to support them and ensure they are successful in their lives.”

Daniel Bowen relationship management leader of the Tees Better Future Fund said:

“It’s a privilege for Tees to work alongside local charities, like Action for Family Carers, who provide respite and support to young carers who look after others within our community. There are approximately 10,000 young carers in Essex and without their vital support through unpaid work, the individuals being cared for would not manage.

Extending support to children who care for others is not just an act of compassion, but a vital investment in their well-being and the future of our society. These young caregivers exhibit remarkable strength, resilience, and selflessness, shouldering responsibilities far beyond their years. We have a responsibility to invest in these young people, to ensure that they receive the support and resources they need to navigate their unique journey. By recognising their challenges, providing some respite and guidance and the opportunity to connect with others who understand, we hope these young carers will be empowered to maintain their well-being, pursue their dreams, and unlock their fullest potential.”

Building Safety Act and Fire Safety Act 2022: Implications for landlords

Posted on 7 June 202320 March 2025 by Sarah O'Sullivan

The Building Safety Act 2022 introduced a considerable amount of new legislation focused on the remediation of building safety defects in existing buildings.

The Regulations have been introduced following the Grenfell disaster and have been designed to shift responsibility for the payment of remediation costs from leaseholders to developers and landlords. In doing so the Regulations have imposed a significant administrative burden on landlords.

The Regulations create a new statutory provision to require landlords and associated persons to pay for remediation works for cladding or other safety defects in residential buildings of at least 5 storeys or 11 metres in height.

The government has also introduced the Building Safety (Leaseholder Protections) (England) Regulations 2022, setting out further details of the practical actions leaseholders and landlords will be obliged to take under the Building Safety Act 2022.

What does this mean for landlords?

For landlords, a particularly burdensome characteristic is the obligation to provide Landlord’s Certificates in the form set out in the schedule to the Building Safety (Leaseholder Protections) (England) Regulations 2022 and the associated documents.

Sections 117-125 and Schedule 8 of the Building Safety Act 2022 makes provision for how the remediation of defects in higher rise buildings will be paid for and particularly the balance of liability between leaseholders and landlords.

Schedule 8 sets out the restricted circumstances in which remediation costs can be passed on to the leaseholders and the extent to which landlords are expected to make contributions.

The Regulations prescribe the form and circumstances in which landlords must provide information to leaseholders to enable them to assess whether they will be required to contribute towards the costs of remedial works by payment of a service charge.

The purpose of the new landlord’s certificate is for the landlord to formally communicate with leaseholders as to if they benefit from those restrictions on the service charge. The landlord within the certificate provides information as to whether it is “responsible”, or whether it meets the contribution condition.

When does a landlord need to provide a certificate?

Landlord’s certificates must be provided in the following circumstances:

(a) when the current landlord makes a demand to a leaseholder for the payment of a remediation service charge.

(b) within four weeks of receipt of notification from the leaseholder that the leasehold interest is to be sold;

(c) within four weeks of becoming aware (either themselves or by notification from another person) of a relevant defect not covered by a previous landlord’s certificate; or

(d) within four weeks of being requested to do so by the leaseholder.

When does a landlord need to provide a certificate?

The certificates are set out in a prescribed form annexed to the Regulations and require a wealth of financial detail and details of works carried out. They must also be accompanied by:

(a) details of the corporate structure of any group of which the landlord is part: this includes the names of any group companies; the beneficial owner of each company; the names of each company’s directors; the names of any persons with significant control and details with regard to any trusts that are part of the corporate structure.

(b) financial details for the corporate group: the landlord’s company accounts as well as, where relevant, accounts for each company in the landlord group, with the net worth certified by a chartered accountant or the finance director of the landlord’s company;

(c) evidence and details as regards work carried out: full details of any persons or joint ventures undertaking work and evidence of the relevant details of the work carried out as well as costs.

Similar evidence will need to be provided for superior landlords and/or any previous landlord who was the landlord on 14 February 2022. Such landlords are obliged to provide this when requested to do so by a current landlord.

Certificates will need to be provided before a landlord can make any demand for a service charge contribution from tenants; in such a case, the certificates are likely to be relevant to all tenants in a building. However, landlords will also have to provide a certificate whenever a tenancy is sold, or whenever a leaseholder requests one, which may mean time consuming updating of the certificate.

What if I do not provide a landlord certificate?

Suppose a landlord certificate is not provided in the form set out in the Regulations. In that case, it is presumed that the landlord was responsible for any relevant defects and no service charge is payable.

It is therefore crucial that landlords who wish to demand a service charge for building safety remedial works comply with the Regulations and provide a landlord’s certificate and associated documents within the required timescales.

Fire Safety (England) Regulations 2022 – What are they?

Following the Grenfell Tower disaster in London in 2017, the government has implemented new fire safety responsibilities which introduces significant changes regarding fire safety. This is part of putting pressure on owners, landlords and building managers in England to address concerns around fire safety assessments and compliance checks. The latest regulations came into force from the 23rd January 2023.

The new legislation is aimed at improving the fire and structural safety risks in multi- occupied residential buildings. The regulations are legislated as the Fire Safety (England) Regulations 2022 and are an amendment to the Regulatory Reform (Fire Safety) Order 2005.

The new regulations implement additional fire safety duties that apply to multi-occupied residential buildings that have at least five storeys or are at least 11 metres in height. The building must contain two or more sets of domestic premises.

Building owners and managers should give careful consideration to the new regulations and whether or not they will apply to their property portfolio. If so, the responsible person should take any relevant action to ensure compliance. Failure to comply with the regulations can lead to the risk of an unlimited fine and/ or imprisonment for up to two years.

Who is responsible for fire safety in multi-occupied residential buildings?

The Fire Safety Order requires a ‘responsible person’ to make a suitable and sufficient assessment of the risks to which relevant persons are exposed, for the purpose of identifying the general fire precautions they need to take,e to comply with the requirements and prohibitions imposed on them by or under the Fire Safety Order.

The responsible person is usually the building owner, but in the case of a residential building, it can be any person who has control of the building such as the managing agent or building manager.

The new regulations aim to create better communication of fire risk information between responsible persons and the residents of the building. The new requirements apply to responsible persons.

What are the new requirements?

These are new requirements for ‘responsible persons’ of mid and high-rise blocks of flats:

provide information to fire and rescue services to help them with operational planning and provide additional safety measures
provide residents with fire safety instructions and information on fire doors.
provide their local fire and rescue service with up-to-date electronic building plans
provide information on the design and materials of their external wall
undertake monthly checks of firefighting lifts, evacuation lifts and other key pieces of firefighting equipment
install a secure information box and wayfinding signage.
required to undertake annual checks of flat entrance doors and quarterly checks of all fire doors in the common part (in mid-rise residential buildings (over 11 metres).

Children’s Integrated Playschemes receives Tees Better Future Fund grant

Posted on 6 June 202329 March 2025 by Sarah O'Sullivan

Tees Better Future Fund is delighted to announce that CHIPS (Children’s Integrated Playschemes) in Bishop’s Stortford, is one of the projects in the second round of applications, to receive a Tees Better Future Fund grant.

CHIPS create safe spaces for children with additional needs to play together and support their parent’s/carers’ well-being by offering them short breaks from their caring responsibilities.

Founded by parents in 1994 as a pilot project by Herts County Council, CHIPS now supports over 200 families, of which there are some 230 children with additional needs and their siblings.

CHIPS now runs six different playschemes and various special interest clubs, across East Hertfordshire and Broxbourne for children aged 3-19 years. The children with additional needs who attend the sessions would likely not be able to access mainstream activities. CHIPS sessions provide the opportunity for them to try new activities safely and receive the personal/medical care they require.

Over the last 30 years, CHIPS has supported hundreds of children and that number continues to grow every day.

CHIPS will use the grant to fund additional hours of staffing, which will provide the 1 to 1 support that the majority of the children with additional needs require. The children will be able to attend the playscheme more regularly on Saturday mornings and during the school holidays, to meet up with their friends and enjoy fun and new activities.

The Playscheme is now based at Avanti School, in Bishop’s Stortford. CHIPS is looking for new staff and volunteers to help at sessions.

Sally Powell Co-Chair of the Tees Better Future Fund commented:

“The vision of CHIPS for their play schemes and the valuable support they provide to families with children with additional needs has deeply inspired us. Recognising that access to activities is crucial for every child’s development, we aim to assist those who may face difficulties during this period, boosting their confidence, nurturing their skills, and empowering them to thrive in the face of challenges. Additionally, this project aims to enhance support for families with children with additional needs, promoting both their physical and mental well-being.”

CHIPS Chairman Graham Nickson commented:

“CHIPS is very grateful to the Tees Better Future Fund for its generous donation which will enable us to run extra playscheme sessions for our children. Without the playschemes, too many children coming to CHIPS would miss out on the simple joy of playing with other children.”

Tees Better Future Fund awards grant to Cambridge charity, The Expert On Myself

Posted on 6 June 202329 March 2025 by Sarah O'Sullivan

We have completed the second funding round and are thrilled to announce that one of the three community projects to receive a Tees Better Future Fund grant is The Expert On Myself (TEOM) based in Cambridgeshire.

The Expert On Myself is a community interest company in Cambridgeshire that helps people speak and organishttps://www.teeslaw.com/our-community/ations listen. They create valuable opportunities for people to educate professionals about the issues that affect them. Their expertise is from personal experience and from many years of working with people.

Founded in 2021, The Expert on Myself helps organisations be more inclusive and socially aware, by listening to people about the issues that affect them.

The Tees Better Future Fund grant will help TEOM to plan and create a training programme for organisations wishing to improve their services for people with autism.

Lisette from TEOM commented:

“We are delighted to be able to use this funding from Tees Better Future Fund to help organisations better meet the needs of local autistic people. We have already had enquiries from autistic people wanting to get involved in the project, and from organisations who are keen to have training from autism experts.

The TEOM team are excited to be working on this project and looking forward to meeting lots of new people.”

Janine Collier, Co-Chair of Tees Better Future Fund said:

“The inspiring vision of The Expert On Myself for the ‘Experts on our Autism’ project has resonated with us. This initiative aims to foster social awareness and inclusivity, addressing a crucial topic in today’s society. Bringing those with lived experience together to inform a comprehensive training programme for local organisations to improve their services, communications and work environments, allows reaching far beyond the direct beneficiaries of the project.

By offering support to individuals who may face challenges in this area, we aspire to boost their confidence, develop their skills, and empower both them and their organisations to flourish. Through the comprehensive training programme, this project will contribute to promoting a better understanding within organizations, enhancing mental health and increasing accessibility and opportunities for the autistic and allistic.”

In phase one of their ‘Experts on our Autism’ project, TEOM will recruit five autistic individuals in Cambridgeshire. The TEOM team will hold three separate sessions with the individuals to gather information, coalesce the information into a plan, and create the training programmes to be delivered.

Phase two of the ‘Experts on our Autism’ project will focus on engaging three local organisations that want to improve the way that they offer services to autistic people. TEOM will support the five experts to deliver the training that they have created to each organisation.

The support from the Tees Better Future Fund will in turn benefit the five experts by building their confidence and skill set, allowing them to add valuable experiences to their CVs. The project will also benefit the wider society as the organisations will be more inclusive and socially aware.

If you are autistic or an organisation looking to expand your knowledge on autism, please contact TEOM through their website form or via their social media.

The Tees Better Fund was set up in May 2022 to offer grants of up to £5,000 for projects that support learning and education and/or promote good health and well-being in Cambridgeshire, Essex, and Hertfordshire.

Is subletting an option for unwanted office space?

Posted on 1 June 202324 April 2025 by Sarah O'Sullivan

With multiple economic pressures facing businesses, many are looking at their expenses to see where money can be saved. After salaries, rent is often a business’s largest expense. Post-Covid, many businesses have already made investments and adaptions to make working from home possible, and some may well be questioning whether they can save funds on office space which was empty for months during the pandemic. But what options does a commercial tenant have if they find themselves tied into a lease and paying rent for offices that are now larger than they need?

Subletting commercial property

If the lease does not prohibit subletting, then one option would be for the tenant to find a suitable business to occupy part of the property with them. In this arrangement, the original tenant’s rent commitment to the head landlord would remain, but the original tenant would receive rent from the subtenant and any service charge may be apportioned between the two tenants appropriately. Subletting therefore is a simple way for a tenant to reduce their rent expenditure without having to uproot their business.

The terms of the lease must be read thoroughly before a tenant decides to sublet, not only because this action itself may be prohibited by the lease, but if it’s permitted then it will in all likelihood require the landlord’s consent. Additionally, a tenant will want to be protected should their subtenant cause any damage or nuisance – after all, the original tenant’s repairing and maintenance obligation under the head lease will still apply to the whole property, whether they occupy it or not. Should a tenant wish to negotiate a sublease, legal advice is certainly recommended.

Break clause

An alternative to subletting, it may be that a lease contains a break clause which enables the tenant to bring the lease to an end early. This will of course be the most straightforward way of terminating a lease, however, it’s vital that the break clause is read carefully, and that any and all conditions are met, so as to give a tenant a right the break the lease. It is common for the lease itself to prescribe how a break notice can be served, and when it is then deemed received by the landlord.

It’s imperative that a tenant follows the terms of the lease exactly because any variance can invalidate the tenant’s notice and they may lose the right to bring the lease to an end. Many break clauses are drafted in such a way that if a tenant is not 100% compliant with the terms of the lease, they lose the opportunity to break the lease for the remainder of the lease term, or for several years until the next break date. A tenant should strongly consider seeking the advice of a solicitor in advance of sending a break notice to their landlord.

Assignment

If a tenant has decided that their current office space is excessive, or no longer suits their needs, but their lease does not have a break date, or one soon enough, then assignment may be the best course of action. Assignment is the process whereby the existing lease is transferred to a new tenant.

Again, a tenant should read their lease carefully because assignment can be prohibited in a similar way to subletting, and even if assignment is permitted, it will likely require the landlord’s consent. Quite often, the assignment of a lease has attached to it various conditions on the basis that it’s often a higher risk to the landlord than subletting because the landlord is letting a regular and consistently paying tenant go, and a relatively unknown third party take over the lease. A landlord will almost certainly want evidence of any new tenant’s financial worth and stability, as well as references from those currently doing business with the new tenant. Additionally, the landlord may want the outgoing tenant to enter into an ‘AGA’ – Authorised Guarantee Agreement. An AGA essentially keeps the outgoing tenant ‘on the hook’ for a period of time in the event that the new tenant defaults on the payment of rent in the future.

In most leases, an assignment will not be permitted unless the outgoing tenant enters into an AGA. It’s essential therefore for a tenant to read their lease thoroughly and seek legal advice if they are considering an assignment of their lease.

Surrender

If a lease has no upcoming break date, and if subletting and assignment are prohibited under the terms of the lease, then a tenant has very few options should they want to vacate that property and escape their liabilities under the lease.

However, one remaining option in these circumstances is negotiating a surrender of the lease, that is, bringing the lease to an end early. In some situations, this can be the best commercial decision for landlord and tenant alike. If a lease has only 8 months left to run, for example, and if a new tenant has shown interest in taking a lease of the property, then a landlord would be more receptive to surrendering the lease and ‘locking in’ a new tenant for several years.

Because a tenant is seeking to escape their liabilities and obligations, there is usually a high degree of negotiation involved when it comes to surrendering a lease; more so if a third party is intending to take on a new lease once the existing lease is surrendered. A landlord may impose conditions on the tenant, such as more onerous repair and maintenance obligations or perhaps a ‘reverse premium’, that is, the tenant must pay a sum to the landlord in consideration of the surrender.

Here at Tees, we have experienced commercial property solicitors who can assist you in negotiating and formalising any subleases, assignments or surrenders, so as to maximise your business’ potential for a healthy future during these uncertain times.

Refurbishment for residential development

Just as tenants are reassessing their individual position post-Covid and with other economic pressures, landlords will undoubtedly want to protect their position too. This article has discussed options open to a tenant should they want to reduce their current office space usage, but these options are attractive to a landlord also. For instance, many landlords would sooner permit their tenant to sublet part of a property if that means the original tenant can afford to keep trading, rather than refuse permission to sublet and then risk their tenant becoming insolvent.

Similarly, agreeing to a tenant’s request to surrender a lease may provide the opportunity for a landlord to convert the property and refurbish it for residential or mixed use. The conversion of commercial property to residential use has been increasingly popular over the last decade and this trend may increase if the demand for commercial property declines as a result of the Coronavirus pandemic.

If you are a landlord looking into converting your commercial property to residential use, Tees’ experienced commercial property solicitors and conveyancing solicitors can assist you all the way from the initial review of your title, through to the sale of the residential properties.

Tees are here to help

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Cambridgeshire: Cambridge
Essex: Brentwood, Chelmsford, and Saffron Walden
Hertfordshire: Bishop’s Stortford and Royston

But we can help you wherever you are in England and Wales.