Three new female partners tip the balance at Tees

Three new female partners have swelled the senior ranks at Tees Law, a Top 200 law firm with offices in Bishop’s Stortford, Brentwood, Cambridge, Chelmsford, Royston, and Saffron Walden. Letty Glaister, Eleanor Burroughs, and Kay Piper’s promotions to the partnership mean that female lawyers now comprise the majority of the firm’s partners. In a profession where women typically occupy less than a third of partnership roles, Tees is leading the way in supporting female lawyers to access senior positions and progress in their careers.
Commitment to diversity and equality

Tees’ head of HR, Amy O’Brien, commented: “Tees encourages and values diversity and is committed to equality for its entire staff. Fifty-three percent of partners at Tees are women, and having such a balanced split works really well for us. Each partner, be they male or female, brings different strengths and qualities to the team and contributes to driving the company forward. These principles of equality of opportunity and non-discrimination also extend to the manner in which our employees interact with our clients, our business partners, and our visitors.”

Kay Piper’s vision for commercial property

Kay Piper is head of Tees’ commercial property department in the Bishop’s Stortford office. Speaking of her appointment, Kay says: “I am looking forward to increasing the team’s presence and connections within the community, reaching out to build local awareness of Tees’ expertise in commercial property matters. I am also very keen to further develop a collaborative team within Tees, ensuring that we work together to deliver a joined-up service for our clients. Whilst the entire Tees team is currently working from home, we’re still working hard to keep connected with our clients and to each other. We’re actually finding that we’re communicating more than ever.”

Letty Glaister’s rural community focus

Letty Glaister, who heads up the Royston office, hopes to further strengthen her relationships within the rural community and cement Tees as the law firm of choice for farming clients throughout Hertfordshire and Essex. “It’s really important that our clients trust us implicitly, and that can only be achieved by making a real effort to strengthen our links with the surrounding community, especially during these difficult times when many rural families are feeling concerned and isolated due to social distancing measures,” she says. “Particularly in the rural world, maintaining close relationships is vital as we are dealing with farms that have been in families for generations, meaning that emotions can run high for all concerned.”

Eleanor Burroughs’ commitment to Saffron Walden

Eleanor Burroughs, who has been working at Tees’ Saffron Walden office for 11 years, heads up its residential property department. In addition to her partnership promotion, she has also been promoted to head of the Saffron Walden office, effective from April. Going forward as a partner, Eleanor says she is “looking forward to maintaining the close links we have worked so hard to build up with the local community, and to building the Tees brand.”

A message from the group managing director

Ashton Hunt, group managing director at Tees, is delighted by the three new partners’ success: “At Tees, we have always been assiduous in ensuring our female solicitors are supported in progression to senior roles. Letty, Eleanor, and Kay have all consistently demonstrated their excellence in their fields and commitment to our firm during their time here. Whilst leading their teams remotely during these challenging times, they continue to deliver a consistently excellent service to their clients. Their promotion to partner is thoroughly well deserved.”

 

Electronic Communications Code

What do landowners need to know?

The old Electronic Communications Code was replaced on 28 December 2017. The intention was to simplify the planning procedures for network operators to install and maintain apparatus such as phone masts, exchanges and cabinets on public and private land. Landowners are now facing various practical challenges and are finding that the new code benefits the operator rather than the landowner.

The new code was designed to make it easier for operators to roll out or upgrade their services, such as the current focus on the rollout of 5G. Operators can now apply to Ofcom to obtain certain rights, allowing them to execute works for which they would have previously needed landlord’s prior consent. As a result, landowners have reported a noticeable loss of control over building works, poorer security, reduced access and difficulty in removing the operators from their property.

What’s changed?

If you are a landowner with a telecommunications agreement in place or are thinking about entering into a telecommunications agreement, there are several things to consider:-

Assignment – operators can now automatically assign their code rights to another operator without the need to obtain a landowner’s consent or provide payment.

Upgrading and Sharing – operators can upgrade or share their apparatus without the landowner’s consent and without having to pay additional rent.

Security of Tenure – under the old code, operators were able to rely on protection under the Landlord and Tenant Act 1954, meaning that the operator had a right to keep its apparatus on the land at the end of the agreement and the right to a new agreement. However, under the new code, the security of tenure provisions under the Landlord and Tenant Act 1954 have been excluded and the new procedures regarding termination should be followed.

Termination – landowners must now give at least 18 months’ notice to an operator in order to terminate an agreement.

There are now four statutory grounds for termination:-

  • substantial breaches by the operator of its obligations
  • persistent delays by the operator in making payment;
  • landowner’s intention to redevelop all or part of the land or any neighbouring land;
  •  the test under paragraph 21 of the code has not been met by the operator, whereby, the operator must meet the two following conditions:-
  •  that the prejudice caused to the landowner can be adequately compensated by money;
  • that the public benefit that is likely to be derived from the making of the order outweighs the prejudice to the landowner, bearing in mind the public interest in access to a choice of high quality electronic communications services.

In a leading case, landowners tried to bypass the grounds for termination under the new code. They claimed that they had an intention to redevelop the land by replacing operators’ existing masts with masts of their own. At the First Tier Tribunal, they were asked: ‘Would the landowner intend to carry out its redevelopment project if the operator was not seeking code rights?’

The tribunal decided that even though there was a reasonable prospect of bringing about the redevelopment proposal, the intention to bring it about was not genuine and the project was simply devised in order to prevent rights from being imposed by the operators. An intention of the landowner to redevelop must be something that is ‘firm and settled’.

 Removal – a reasonable amount of time must now be given to an operator to remove apparatus. Issues arise when a landowner wishes to exercise a break option, as under the new code, the operator has to allocate both time and money for removal. Developers should consider the extended timescales when it comes to making plans for redevelopment and incorporate the new timescales into the development timetable.

 Rental – landowners should be aware that the level of rental paid and any compensation payable by telecoms operators must now be calculated in accordance with the open market value of the land, without the benefit of the telecoms site.  Ultimately, this is likely to reduce the achievable rent.

Tees are here to help

We have many specialist lawyers who are based in:

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

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

Landlord and Tenant 1954 Act

A brief overview of the Landlord and Tenant 1954 Act and its practical implications for landlords and tenants.

What is the 1954 Landlord and Tenant Act?

The Landlord and Tenant Act 1954 gives commercial tenants the right to a lease renewal at the end of the contractual term of a lease and the ability to remain in occupation at the property. This provides the tenant with security of tenure. It should be noted that the 1954 Act applies to written and oral tenancy agreements.

What is security of tenure?

Security of tenure benefits the business tenant by securing business continuity. This is because the tenancy will not automatically come to an end and will continue on the same terms under the tenancy until renewed or terminated in accordance with the Act.

Does the 1954 Landlord and Tenant Act cover residential houses?

The Landlord and Tenant Act 1954 only applies to commercial business tenancies, it does not apply to residential tenancies.

How can I get my tenant out of my commercial property?

If you are a landlord, you will only be able to oppose a tenant’s request for a lease renewal on certain grounds which carry strict criteria which must be satisfied.

One of the most frequently used grounds for opposing a lease renewal is Section 30(1)(f) (Ground (f)) of the Landlord and Tenant Act 1954, where the landlord must provide substantial evidence of an intention to redevelop or reconstruct the property. This must be a firm and settled intention, rather than merely an idea.  In a leading case the Court said that the landlord must prove its genuine intention to carry out works at the date of the trial, showing evidence such as plans and drawings for the development, financing and a building contract.  Each case turns on its own facts.

How can I avoid giving a tenant security of tenure?

It is possible for a lease to be “contracted outside” the 1954 Act, meaning that the tenant will have no right to remain in occupation or renew the lease at the end of the contractual term. The tenant will therefore need to vacate the property or have completed a new lease by the end of the contractual term.

The 1954 Act status of a commercial tenant’s occupation of a property has significate repercussions on both a tenant’s and landlord’s rights at the end of the term of a lease. This status should be carefully considered in terms of business planning, repair obligations and the level of rental applied to any tenancy.

Tees are here to help

We have many specialist lawyers who are based in:

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

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

Compensation for power lines on property explained

A series of compensation awards under the Electricity Act 1989 have been made by the courts to property owners whose property hosts, or is crossed by, high voltage electricity power lines on wooden poles.

Do unsightly wires running in or over your property hold a value after all?

If the wires run nearby but, not on or over your land, you will not be entitled to compensation.

If you’re hosting such wires on your land, or your land is crossed by them, then perhaps now is the time to review the basis and implications. This also potentially applies if your electricity network provider is asking you to sign a wayleave agreement for the first installation of electrical equipment or repositioning of the same. You should first take professional advice before agreeing to or signing anything.

So what’s new? Electricity network operators have commonly compensated property owners directly affected by the giant steel pylons carrying cables. Now property owners directly affected by wooden posts are also being compensated.

If you think you might be entitled to compensation what should you do?

  • First, check compensation has not been agreed previously – compensation is a one-off pay out – which could have been paid to a previous owner. When buying a property affected in this way, check to see if there is already an easement in place granting permission; often called a wayleave agreement (it follows that it is sensible that, if invited to sign a wayleave agreement, you do not do so without taking legal advice).  Contact your distribution network operator (see energynetworks.org for details).
  • Second, check the pylon is on your land or the wires cross your land. A spoilt view does not qualify for a claim but, wires that are not directly over your land but their swing and/or sag affects your land may mean your are eligible for compensation.
  • Third, contact your electricity distributor direct to apply for compensation. But, remember this is a one off compensation entitlement that the electricity distributor will be looking to negotiate on favourable terms (for them not you). You may want to appoint a solicitor to negotiate the claim on your behalf, so as to achieve the best possible award and handle the majority of the paperwork on your behalf. If your property is mortgaged, you will need consent of your mortgage company to make a claim.

If your claim is admitted, the amount of compensation is assessed in terms of the impact the poles/wires have on the value of your property. The evidence of a Chartered Surveyor on valuation will be needed so as to assess the value or your claim. Such evidence can also be used in negotiations. Proximity and wattage are relevant to value of your claim. 1.5-4% of the value of your property is the average value but, this is a negotiation as there is no fixed scale.

Expect your claim to take 6 to 18 months. In practice, the power companies will pay your legal costs if your claim succeeds.

Any downsides? It is wise to go into such a claim without inflated expectation – the surveyor will advise on value.  Also, it might seem obvious but, if you have not spent a long time studying your wooden pole in the garden; check it is an electricity pole and not a telegraph pole.

Tees are here to help

We have many specialist lawyers who are based in:

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

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