Sarah O'Sullivan, Author at Tees Law

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

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.

Logistics health and safety laws

Posted on 31 May 202320 March 2025 by Sarah O'Sullivan

Logistics and haulage companies have faced unprecedented challenges in recent years. From considerable post Brexit-disruption, inflated fuel prices and other cost increases to substantial driver shortages. Given these onerous external pressures, it is perhaps unsurprising that good health and safety practices can be overlooked or neglected.

Many see health and safety as endless paperwork, red tape, expense and rules that are difficult to understand. However, an employer has a legal duty to make sure that people are safe in the workplace they control, even where they are employed by others or are members of the public. Controlling health and safety risks can be achieved with a little effort and as a result, many accidents can be prevented.

It can be a daunting prospect to consider hazards and risks, but the HSE, Logistics UK, and the Road Haulage Association all provide guidance that can assist you in this process.

The logistics and haulage sector has a lot of moving parts ranging from people and vehicles operating alongside each other, the loading and unloading of vehicles and the distribution of goods. Not all hazards involve operational activities. They also include tasks like cleaning, refuelling, replacing propane cylinders, using high-pressure water hoses and detergents to clean vehicles or carrying out vehicle maintenance activities.

It is vital to have a comprehensive understanding of your responsibility as an employer.

Where to start with logistics health and safety arrangements

The starting point is by examining what actually goes on in your business, removing and controlling hazards as far as possible and taking the necessary managerial and supervisory steps to make sure what is supposed to happen does happen.

A hazard is simply something that can cause harm. Risk is the chance of anyone suffering harm from a hazard. For example, a slippery path is a hazard. The more slippery it is, and the more people walk along it, the greater the risk of someone falling and injured.

The language can be confusing – but focus on the basic common sense factors and focus on whether something could cause harm.

Common areas of risk within the logistics sector are:

Pedestrians and vehicles – health and safety

Segregation is the key message and every workplace should be organised so that pedestrians and vehicles can circulate safely by keeping well clear of one another.

Vehicle movements in the workplace require careful management to control and reduce the likelihood of accidents occurring. Every site, every yard and every warehouse are different in terms of layout, operations and vehicle movements and each will present its own hazards and risks. However, a well-designed and maintained site with suitable segregation of vehicles and pedestrians will make workplace transport accidents less likely. When considering traffic routes, the guidance highlights the following should be considered.

the vehicles being used,
minimising the need for reversing,
avoiding sharp bends and blind corners,
maintenance – do not allow potholes to develop,
anything that can affect load stability e.g., steep slopes.

The most effective way of ensuring vehicles and pedestrians move safely around a workplace is to provide separate pedestrian and vehicle traffic routes. Where possible, there should be a one-way system as this will reduce the need for vehicles to reverse and will help pedestrians and vehicle drivers.

Often complete segregation within warehouses or within yard areas is not possible or practical and therefore the regulations would require employers to have clearly marked pedestrian and vehicle traffic routes, using measures such as barriers, signs and marked routes.

Vehicle maintenance – health and safety

Vehicles should be maintained in good working order in accordance with the manufacturer’s recommendations, so they remain mechanically sound and function properly.

Planned inspections are a vital part of preventative maintenance. These may include daily safety checks carried out by drivers and regular maintenance inspections based on time or mileage. Drivers should be provided with a list of the daily checks to be signed off at the start of each shift. This should be monitored to ensure the checks are carried out properly and acted upon if any defects are reported.

You should have:

a documented pre-shift check,
a system for reporting defects and for ensuring that remedial work is carried out,
a planned routine maintenance system,
a thorough examination/safety inspection regime for each truck.

Loading and unloading – – health and safety

Minimising the risks associated with loading and unloading activities can require the careful consideration of multiple assessments. For example, the hazards will vary depending on the type of vehicle involved (e.g., rigid container, curtainsider, flatbed truck etc), where it is being loaded or unloaded (e.g., at a dock, in the middle of the yard) and the type of load involved (e.g., is it being handballed, does it have to be moved using a mechanical aid?).

To minimise the risks to those involved in loading and unloading, information should be provided on the nature of the load and how it should be properly loaded, secured and unloaded. Make sure vehicles and trailers have their brakes applied and all stabilisers are in

the correct position before loading or unloading. There should be a safe place where drivers can wait throughout loading and unloading. Make sure you take measures to prevent vehicles from being driven off during either loading or unloading at loading bays. These can include measures such as traffic lights on loading bays or vehicle or trailer restraints.

This information should accompany the load and be available to those involved in the loading, transportation and unloading activities. The loading and unloading area should be clear of traffic and people not involved in the activity. It should be undertaken on level ground and away from other work activities.

Prior to any loading or unloading consideration should be given to the location to ensure there is no risk from overhead cables, pipes and other obstructions.

For risk assessments to be “suitable and sufficient,” you will need to consider all these permutations so that you can develop safe systems of work (sometimes known as standard operations procedures or work instructions) to ensure every worker understands how that activity should be carried out to minimise health and safety risks. This includes both employees and non-employees who are visiting a site.

Storage – health and safety

A variety of systems are used for storing goods, from pallets to static racking. The method of storage largely depends on the shape and fragility of the goods being stored and the location. Storage areas should be properly designated and clearly marked. The layout of storage and handling areas should avoid tight corners, awkwardly placed doors, pillars, uneven surfaces and changes in gradient.

Systematic risk assessments of haulage yard activities will identify the different methods of storage used by the organisation. This would also include the equipment used, such as containers, racking as well as stacking. Identifying the different types of goods that are stored may indicate that there are specific hazards associated with their storage. These will need to be considered when developing standards, for example, their ability to bear weight or the stability of the stack.

Letters of authority and exclusivity agreements for renewable energy projects

Posted on 26 April 202319 March 2025 by Sarah O'Sullivan

As the UK moves towards a greener energy infrastructure, developers are increasingly seeking out landowners whose land is suitable for renewable energy projects such as wind farms, solar farms, anaerobic digestion plants and battery storage projects. Often these landowners are farmers who may be looking to diversify their land use.

Quite often the first approach a developer makes to a landowner would be sending them a ‘letter of authority’ and an exclusivity agreement. Andrew Harrison, a specialist in renewable energy law, provides insights into what these documents entail and why it’s important to take specialist legal advice if you receive one. It’s important not to sign anything without advice, to make sure you secure a good deal.

What is a letter of authority?

Once signed, a letter of authority is a legally binding document. It authorises a third-party intermediary to act on the landowner’s behalf. What this third party can do will be set out in the body of the letter. However, this usually includes the ability to correspond with network operators or the national grid to explore the possibility of securing a grid connection. In some cases, the letter of authority will permit the third-party intermediary to make an application for a grid connection on behalf of the landowner.

What is an exclusivity agreement?

It is not uncommon for an exclusivity agreement to be provided alongside – or within the body of the letter of authority. Once signed, an exclusivity agreement is a legal contract between two parties that restricts one party – typically the landowner – from entering negotiations with any other developer concerning any renewable projects on their land for a set period.

These agreements can sometimes grant rights to a developer to access your property to carry out initial works and inspections to determine the feasibility of a renewable energy project.

It is important that you carefully review any letter of authority or exclusivity agreement before signing, as either may contain terms and conditions that could impact your rights or obligations.

It is recommended that you seek expert legal or professional advice before entering into any form of an exclusivity agreement. Ideally, a landowner will only enter into such an agreement once the heads of terms of the transaction are agreed.

What should I do if I get a letter of authority and/or an exclusivity agreement?

Here are some steps to take if you receive a letter of authority:

Read the document carefully. Make sure you understand what the developer is asking for and what their rights and responsibilities are
Seek legal advice. It is advisable to consult with a solicitor who specialises in renewable energy projects to understand the legal implications of the documents you are being asked to sign
Negotiate terms. If you are willing to grant the authority or exclusivity requested, you can negotiate the terms of the respective agreement with the developer. This may include the scope of the work, the duration of any authority or agreement and any compensation or other benefits
Protect your interests. It is important to protect your interests and ensure that you are not granting more rights than necessary or being taken advantage of in any way. A solicitor can help you navigate the legal process, but it is recommended that you also employ a suitably experienced land agent who can negotiate the best possible commercial terms for you
Keep copies of all documents. Make sure to keep copies of all correspondence, agreements and any other relevant documents. This will be useful in case of any disputes or issues that may arise in the future

If you’ve received a letter of authority or an exclusivity agreement, it can be important to seek legal advice from a trusted and experienced team like Tees. Our expert team of solicitors can provide you with the guidance and support you need.

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 becomes Official Legal Partner of Essex Cricket Club

Posted on 24 April 202329 March 2025 by Sarah O'Sullivan

We are pleased to announce that Tees will now become the Official Legal Partner of Essex Cricket Club, having been affiliated with the Club since 2016.

Tees provides expert legal services and independent financial advice across its six offices in the East of England, including from our Chelmsford office situated very close to The Cloud County Ground. We advise businesses and individuals across a range of practice areas, with five of our departments ranked in the top tier of Legal 500.

Speaking about the partnership, Tees Group Managing Director, Ashton Hunt, said:

“We are delighted that Tees has become the Official Legal Partner of Essex Cricket Club. Building on the success of the Tees River Gate entrance launch in 2021, we are delighted to further our partnership.

We are extremely excited to be working alongside Essex Cricket once again and wish them the best of luck going into the 2023 season.”

Chief Executive Officer of Essex Cricket, John Stephenson added:

“We are delighted to continue our thriving partnership with Tees as our Official Legal Partner. Creating rewarding partnerships with companies in the Essex region is important to us and we look forward to growing our relationship with Ashton and the team over the coming years.”

The registration of matrimonial home rights

Posted on 19 April 202322 March 2025 by Sarah O'Sullivan

What Are Matrimonial Home Rights?

Matrimonial home rights apply to properties used as the primary residence by married couples or civil partners. Establishing legal rights over the matrimonial home is often a key issue during divorce or separation. If a spouse is not listed as a legal owner, they may need to register a notice of their matrimonial home rights against the property.

Why Register Matrimonial Home Rights?

Registering matrimonial home rights offers protection to non-owning spouses, ensuring they have the legal right to remain in the home. This registration helps prevent eviction and serves as a formal notification to potential buyers or lenders that the non-owning spouse has occupancy rights. The application is made through the Land Registry.

Steps to Register Matrimonial Home Rights

The process for registering matrimonial home rights differs depending on whether the property is registered or unregistered. Follow these general steps for properties in England and Wales:

1. Confirm Legal Ownership

Joint Owners: If both spouses are named as legal owners, there is no need to register matrimonial home rights. Both parties’ interests are evident on the title, and both must consent to any sale or mortgage.
Sole Ownership: If only one spouse is the registered legal owner, the non-owning spouse can apply to register their home rights.

2. Check Property Registration Status

To determine if the property is registered, submit a Land Registry Form SIM to apply for an official search of the index map.

3. Complete the Correct Form

Unregistered Property: Complete Form K2 and submit it to the Land Charges Department. This creates a land charge that will appear on future property searches.
Registered Property: Complete Form HR1 and send it to the Land Registry. This registers a formal notice on the property’s title.

4. Pay the Applicable Fee

A fee may apply when submitting your form. Visit the HM Land Registry Fees page for more information.

5. Receive Confirmation of Registration

Once your application is processed, you will receive a registration notification. The legal owner of the matrimonial home (the “registered proprietor”) will also be notified. Keep the confirmation document safe, as it may be needed in legal proceedings.

Important Considerations

No Impact on Ownership: Registering matrimonial home rights protects the right to occupy the property but does not confer ownership. Ownership disputes are typically resolved during divorce or separation proceedings.
Legal Assistance: Navigating the registration process can be complex. Our Residential Property Team at Tees is here to assist you with every step. For further guidance on property rights and ownership, contact our Family Law Team.

For personalised advice, reach out to Tees today and secure your legal rights over your matrimonial home.

What is conveyancing?

Posted on 5 April 202326 March 2025 by Sarah O'Sullivan

Conveyancing is the word typically used to refer to the legal process of buying or selling a house.

Buying and selling a house can be an exciting process – but it can also be stressful! Our team of Conveyancing experts are on-hand to provide guidance at every stage, as we want to achieve the best result for you – without any stress or worry on your part.

While first-time buyers or sellers may benefit greatly from our guide, even seasoned house movers should stay informed about any changes. Here are the important points that you should be aware of to make the process smoother and more successful:

What documents do I need to sell a house?

To help, we’ve come up with a list of the Top 10 documents which will assist when selling your home:

Title deeds and plans
Planning permission for work completed in the last 20 years
Building Regulations approval and certificates
FENSA certificates from 1 April 2002
GASAFE certificates from 1 April 2005
Electrical certificate from 1 January 2005
Guarantees and warranties for works completed
Any reports such as a flood risk or radon gas
EPC Certificate
Any indemnity insurance documents

If you are unable to provide these, we can assist in obtaining copies for you or your agent may also be able to help.

How long will it take?

This depends upon whether the sale or purchase is a one off transaction or caught up in a chain of transactions. If for example the property is empty and the buyer does not need a mortgage and the paperwork is received promptly by the buyer’s lawyer, a sale and purchase can be completed very quickly.

However, more often than not, a mortgage will be needed and there will be a chain of transactions. If this is the case, it will usually take about four to six weeks to exchange contracts and another two weeks between the exchange of contracts and final completion, making a total of six to eight weeks from start to finish.

We will always work hard to minimise delays and to try to complete your transaction as soon as possible. It is not possible however to guarantee the time it will take when a chain of transactions is involved. This is because a transaction in a chain can only proceed as quickly as the slowest person in the chain. Examples where delays could arise include when someone is waiting to receive a mortgage, to have a survey carried out or a transaction has started off later than the others in the chain or has previously fallen through.

When selling your property, we recommend gathering together all of the documentation relevant to your property and providing this to your solicitor at the beginning of the process. This will make the transaction quicker and easier to deal with.

When do I need to pay any money?

If you are buying a property your solicitor will ask you for funds, typically £350 at the start of the transaction to cover search fees. Then a few days before contracts are due to be exchanged, your solicitor will ask you for the deposit which is payable on exchange of contracts. This is usually agreed at 10% of the asking price of the property but can vary. The balance of the purchase money and solicitor’s costs including Stamp Duty Land Tax and land registration fees are payable a few days before the completion date as we must have cleared funds on the date of completion.

Do I need a survey?

The legal position is ‘buyer beware’ and that you buy a property in its existing condition with no come back against the seller if there are any defects at all. This is why it is always advisable to have a survey carried out before contracts are exchanged and you are legally committed to buy the property. If you need a mortgage, the lender will insist on a valuation being carried out to check on the value of the property but this is not a survey. It depends on the type of property you are buying as to the type of survey that it is advisable to have carried out. We will be pleased to discuss this with you and have good relationships with various local surveyors and can put you in touch with them to get this advice.

What searches do you carry out?

If you are buying a property we will carry out all appropriate searches and pre contract enquiries for you against the property. The main searches are:

Local Authority Search
Drainage and Water search
Environmental Search
Chancel Search and Land Charges
Land Registry Searches

These searches are undertaken to check that there are no adverse matters registered against the property including for example breaches of planning, proposals for nearby new roads or traffic schemes, whether there are any risks from contaminated land or flooding and whether there is any potential liability to contribute towards the upkeep of the chancel of any medieval church in the vicinity. Our drainage and water search will show whether or not the surface and/or foul water drains run into a public or private sewer and the route that they take and whether the property is connected to the mains water supply. We also ask various questions of the Seller to identify a host of important things like who is responsible for the boundaries, when the central heating was last serviced, whether there are any guarantees for building work and whether they have had any problems with the neighbours.

When do I need to arrange building insurance?

Unless the insurance is being arranged by the lender or it is a leasehold property and the insurance is dealt with by the landlord, this must usually be arranged from exchange of contracts as the property will be at your risk from that time. You should make arrangements to have this in place immediately Contracts are exchanged.

What does exchange of Contracts mean?

Once all searches, pre contract enquiries and your survey has been carried out, any mortgage offer required has been received and you and the other parties in the chain are ready to proceed, Contracts can be ‘exchanged’. There are two parts to the Contract. One is signed by the seller and the other part by the buyer. Your solicitor will check with you and the other parties in the chain as to a suitable completion date and will then ‘exchange’ the Contract with his /her opposite number. This is usually dealt with on the telephone and it is only at that stage that you are a legally committed to the purchase or sale and that a completion date is agreed.

What is the ‘Completion Date’?

This is the date agreed on exchange of Contracts for you to complete your purchase or sale. It is the day that the buyer is entitled to collect the keys and move into the property.

What happens on the ‘Completion Date’?

This is when the buyer’s solicitor sends the balance of the purchase money through the banking system to the seller’s solicitors. Once received they will call the estate agents to authorise them to release the keys to the buyers. On completion the seller has to move out (give ‘vacant possession’) and remove all furniture and effects from the property. The seller’s solicitors will send the deeds of the property to the buyer’s solicitors and send to the seller the balance of the sale monies after payment of any outstanding mortgage, estate agents fee and legal costs.

What happens after Completion?

The buyer’s solicitors will pay any Stamp Duty Land Tax and arrange for the buyer and the lender to be registered as the new owner and lender at the Land Registry.

If you are looking to buy a property, please do not hesitate to get in touch. Our specialist lawyers are members of the Law Society’s Conveyancing Quality Scheme and are based in:

Tees continues to grow and thrive in the Essex business community with the promotion of two new Partners

Posted on 3 April 202329 March 2025 by Sarah O'Sullivan

Tees continues to grow and thrive in the Essex business community with the promotion of two new Partners.

Tees’ growth and expertise in the Essex business community have been further solidified by Baljeet Kaur and Daniel Fairs joining the Partnership. With these appointments, Tees continues to strengthen its position as a leading law firm in the region.

Tees is well-positioned to provide even greater value to its clients with the addition of Daniel and Baljeet. Both individuals are highly regarded within the Essex business community, and their expertise and experience will undoubtedly enhance the firm’s capabilities.

Baljeet Kaur who qualified as a Solicitor in March 2013 and joined Tees in 2016, works in the Corporate and Commercial team at the Brentwood office. She advises a broad range of clients, including high net worth individuals, entrepreneurs, start-ups, owner managed businesses and SMEs across various industries such as manufacturing, transport and logistics, technology insurance, and leisure, on a wide range of transactions including mergers and acquisitions, disposals, joint ventures, family investment companies, reorganisations, general company law issues and commercial contracts.

Baljeet commented, ‘I am honoured to be made a Partner at Tees and excited to have the opportunity to shape the future of the firm. I am grateful for the trust and support of the firm, and I look forward to continuing to serve our clients with dedication and excellence.’

Daniel Fairs is part of the Commercial Property team and has been with the Chelmsford office since 2017. Daniel has extensive experience in overseeing the buying and selling of commercial and rural properties in England and Wales. He is proficient in advising landowners, developers, promoters, and funders with strategic land projects and financing arrangements. Additionally, he acts for both landlords and tenants with leases, and also collaborates with the Corporate and Commercial team to handle property matters for business sales, acquisitions and re-structuring arrangements.

Daniel said, ‘I am humbled and grateful for the opportunity to become a Partner at Tees. The firm’s focus on promoting from within and providing a supportive work environment has been instrumental in my career development, and I am excited to contribute to its future success.’

Senior Partner, Catherine Mowat comments, ‘I am delighted to announce the promotions of Daniel and Baljeet to Partner. We are proud to have such talented and dedicated professionals in our team, and we look forward to seeing their continued growth and success in their new roles.’

Tees has also promoted seven new Senior Associates, seven Associates and a new Senior Wealth Planner.

Catherine adds, ‘All of this year’s promotions are a perfect example of our dedication to creating a positive and supportive work environment that rewards hard work and talent. They have all demonstrated exceptional commitment to their clients, and we are proud to have them as part of our growing team.’

2023 Promotions:

Partner

Baljeet Kaur – Company and commercial
Daniel Fairs – Commercial property

Senior Associate

Lucy Beck – Commercial property
Samantha Worth – Commercial property
Alex Waples – Commercial property
Tom Moulsdale – Commercial property
Victoria Sweeting – Wills, trusts, tax & probate
Chris Claxton-Shirley – Wills, trusts, tax & probate

Head of Trust and Tax

Carl Frost – Wills, trusts, tax & probate

Senior Wealth Planner

Cara Lambert – Wealth management

Associate

Emily Jones – Dispute resolution and litigation
Jason Torrance – Dispute resolution and litigation
Ana James-Pittau – Dispute resolution and litigation
Lara Bartlett – Residential
Rachel Benton – Clinical negligence
Anna Jones – Family
Gemma Ball – Commercial property