The current design and management regulations are set out in the Constructions (Design and Management) Regulations 2015 (“CDM 2015”). These regulations have an impact on pretty much everyone involved in construction, development and redevelopment work in Great Britain. Even small and domestic projects are covered. The regulations place various duties and obligations on different parties within the construction project. An outline of the main features are as follows:
Assignment is the term used to describe the process where a tenant under a lease transfers the lease to someone else (called the “assignee”). When the assignment has taken place, the original tenant ceases to be a tenant under the lease and the assignee becomes the tenant. If you think of the lease as being something that is owned by a tenant, then the lease is effectively sold to a new tenant.
The new tenant then takes over all the rights, obligations and liabilities under the lease and is accountable to the landlord.
Can all leases be assigned?
The question of whether a lease can be assigned and on what conditions will be contained within the lease. In other words, the lease itself will say whether the lease is assignable and if it is, then what conditions must be met as part of the process. Some leases prohibit assignment altogether, others allow an assignment but only on strict conditions.
In most cases, one of the conditions is that the landlord has to give legally binding written consent to an assignment. Usually, the landlord will also want to have vetted the new tenant/assignee in advance and approve them as a condition of the assignment.
The difference between traditional and modern property auctions
What are called “modern auctions” or “conditional auctions” are becoming more popular. What is the difference between modern auctions and traditional auctions?
The traditional (unconditional) auctions
Traditional auctions are exactly what most people think of when they talk about auctions. The property auction is held in the traditional sense with an auctioneer in a room with parties bidding on lots. The hammer falls when a successful bidder is the last one bidding. At that point the bidder pays their 10% deposit and the property then completes on pre-determined terms, normally within 28 days.
There are two basic structures for transferring a business. An asset sale is where the buyer purchases a collection of assets and legal rights (and sometimes liabilities) relating to the business. An example of this might be a grocery shop business where the buyer purchases the business premises, fixtures, fittings and equipment used by the business, stock and takes on the employees. Most transfers of small businesses are asset sales.
We were approached by an operator who had received public inquiry paper several weeks earlier. The Operator instructed us to represent him at his inquiry listed for a hearing before the Traffic Commissioner’s (TC) only two weeks in advance.
There were several serious issues that the TC indicated he wanted to examine at the hearing and was threatening regulatory action against the Operator Company. The Operator had approached another firm of solicitors, who informed him that the likely outcome of the hearing would be loss of repute and licence revocation.
We provided the Operator with advice about immediate steps to be taken in preparation for the hearing. We requested the operator send us a number of documents critical to the success of his inquiry. A consideration of those document showed significant—but not insurmountable—shortfalls in maintenance standards and legal requirements.
The operator had recently appointed a new Transport Manager (TM) with an excellent reputation in his field. The TM worked along with us in analysing the Company’s compliance systems to create better compliance systems and improve the of the Company’s mindset about such.
We prepared extensive written representations and sent these to the TC in advance of the hearing along with supporting documentation.
We recommended that both the Operator (Director) and his Transport Manager attend the hearing. As expected the TC questioned the Operator and TM extensively about the various issued raised. We guided and advised the Operator and TM throughout the hearing. Following our final submissions, the TC decided not to revoke the licence or disqualify the Operator Company. The Operator was issued with a warning and a very short suspension of one vehicle until it had a further maintenance inspection and remedial work done. The Operator was allowed to keep the rest of his fleet working with minimal disruption to the business. The Operator was thrilled with our services and has since instructed us at least one other transport matter.
