Andrew Ashley-Edwards

Recent Court judgments have called into question the ability of a sole director of a limited company to make decisions where the company has unamended model articles of association. The validity of previous decisions made by a sole director have also been...

The Corporate department at Martin Tolhurst Solicitors is pleased to introduce a new fixed price service for new and existing business that are entering into (or have previously entered into) a franchise agreement. We appreciate when starting a new business...

If you are asked to be a guarantor for a commercial lease – perhaps in your capacity as director of a company or to support a family member, there can be significant financial and legal implications. Here are some potential pitfalls to consider:...

Right to Manage (RTM) is a process that enables leaseholders of flats/apartments to take over the management of their building. The right applies to leaseholders of a building or part of a building containing at least two flats. At least two-thirds of the...

When a tenant, under a commercial lease, which has been contracted outside of the security of tenure provisions of the Landlord & Tenant Act 1954, remains in occupation beyond the fixed term of their lease agreement, the situation is commonly known as...

Whether it is to fulfil a lifelong dream, be your own boss or maximise income, there are important considerations when buying a business in order to avoid entering a bad deal. Share purchase or asset purchase are two ways in which you can buy an existing...

Entering into a new lease as a commercial property tenant can be a daunting experience and it may be difficult to understand which parts of your Lease are key to understand throughout your occupation. You may feel that once your lease has completed and you...

We're thrilled to announce a new partnership with Kent Wildlife Trust, a respected wildlife charity dedicated to protecting Kent's amazing natural spaces. This exciting collaboration, starting April 1st 2024, builds on our ongoing commitment to...

Any responsible business will have recognised and accepted the need for businesses and individuals alike to take positive action to improve sustainability and cut carbon emissions. With a commitment by the UK Government to reaching net zero by 2050 there is...

We are thrilled to announce our continued membership with Kent Invicta Chamber of Commerce for 2024! As a proud member, we value their dedication to supporting local businesses like ours. Their network, resources, and advocacy have been...

As a landlord in the UK, dealing with commercial tenants can be a complex and challenging task. There are many different aspects that need to be considered. Landlords need to understand the legal framework, review the rights and obligations that should be...

In leases, break clauses serve as crucial provisions that provide commercial flexibility for both landlords and tenants. These clauses can allow either party to terminate the lease before the expiration of the fixed term, subject to certain conditions being...

When parties to a statutory lease extension are unable to agree on the final terms there is a process in place whereby a final decision can be given by the First-Tier Tribunal (Property Chamber). This article provides some further information about how...

Whether you are a landlord or tenant, it is sensible to seek specialist legal advice from the offset. The procedures, rules and fixed time limits surrounding this area of law can be complex. Regaining possession of a commercial premises that has a...

There are documents which need to be considered following the death of a shareholder of a limited company to establish how their shares will be dealt with. Articles of Association Provisions which govern what the personal representative can do with the...

The speed of the sale of your business or company (or 'Target') is directly linked to how expediently the parties correspond, provide documents and negotiate terms. Mignonette Ellis highlights three stages of the transaction that commonly consume the...

What is a voluntary lease extension and when might one be appropriate? A voluntary lease extension, also known as an informal lease extension, is the process of negotiation between the landlord (often the freeholder) and leaseholder...

Section 3 of the Economic Crime (Transparency and Enforcement) Act 2022, which requires the Registrar of Companies to keep a register of Overseas Entities in accordance with the provisions of the Act, came into force on the 1 August 2022. Linked to the...

Martin Tolhurst Solicitors has the pleasure of announcing it has successfully become an accredited member of the Association of Leasehold Enfranchisement Practitioners (ALEP). ALEP is a professional membership association of solicitors, barristers, The...

We are pleased to announce that Surinder Ruprai has joined the firm’s commercial department to deal with lease extensions on flats, apartments and houses, freehold enfranchisement and other related landlord and tenant work. Having practised...

High Court rules that Model Articles of Association are not suitable for Limited Companies with a Sole Director. Our company law specialist Mignonette Ellis discusses the potential issues arising from the recent decision. A High Court decision has...

If you are a landlord of a commercial property, you may find yourself in the situation where you need to evict a tenant and take back possession of your property. This area of the law can be complicated - the best way to proceed will depend on your specific...

The COVID-19 pandemic has impacted almost every industry in the UK, with many businesses experiencing a severe strain on their cashflow as a result. While commercial tenants may be struggling to pay rent in full and on a regular basis, their landlord could...

If you are considering entering into a lease of commercial premises it is important to be well prepared. There are many things to consider when you begin negotiating the main terms of the lease and failure to consider these items at the outset can make...

If you are setting up a business, you may have questions about which business model is right for you. The way in which you set up your business can have implications for tax, how you are paid, ownership of the business, how business decisions are made, and...

As a fresh wave of lockdown measures cut across the UK, retail tenants may be experiencing new concerns about how to pay the rent, but another ticking timebomb is the viability of their landlords. Even before the pandemic, the high street was...

Once signed, a contract represents a formal record of the agreement made between you and your customer. The obligations under that agreement are often absolute, with any failure to satisfy them will be considered a breach of contract which could result in...

In certain circumstances, businesses may find they have premises or parts of premises that are surplus to requirements. Having entered into a contractually binding rental agreement, it may not always be a straight forward process to end that...

Whether it is to fulfill a lifelong dream, be your own boss or maximise income, there are important considerations when buying a business in order to avoid entering a bad deal. Share purchase or asset purchase are two ways in which you can buy an existing...

Martin Tolhurst Solicitors Commercial Department welcomes new Property Lawyer The beginning of the New Year saw the Commercial Department welcome Property Lawyer Roger Matharoo to the team. ...

Many owners of leasehold commercial properties will be aware that Stamp Duty Land Tax is often payable when you enter into that lease. Whether Stamp Duty is payable depends on a number of factors including the length of the term and the amount of...

When business owners reach the difficult and often emotional decision to sell a business which they have either started or grown, they might think that once the deal is done they can leave the business in the capable hands of the new owner and move on to...

Positive Signs of Growth in Commercial Property Transactions According to a report published in June 2019 based on Land Registry data, there are currently positive signs of growth in the commercial property sector. The report published by Search Acumen...

It’s all in the planning when it comes to selling privately-owned companies . For the shareholding directors of many privately-owned companies, the end-game is focused on selling up before moving on to new ventures or sometimes...

The government has now published its response to the recent consultation on proposed reforms that will affect the current system of leasehold property ownership in England. The government opened the consultation on 15 October 2018 and received over...

Harrods and electrical pioneer Dyson use the same business model as the local tradesman with a van displaying ‘Limited’ or ‘Ltd’. Yes, really! This exceptional commercial tool is suitable for businesses of a...

The commercial department continues to deal with a varied range of property and corporate transactions including: Luxury Barns Project Specialist commercial property solicitor Jane Laird represented a developer who...

The firm’s commercial department has in recent weeks completed a wide range of deals including: Sale of National Engineering Company. The firm’s commercial partner Andrew Ashley-Edwards recently completed a high value deal...

What type of business do you operate as? Is it a partnership? If you and another person carry on a business in common with a view of making profit, then you may be operating as a traditional partnership and not have even known it! That is one of...

Business law specialist Andrew Ashley-Edwards shares his thoughts on his long running affection for the nation’s small businesses. There is no disguising the general decline of the Great British high street in the 21st century and it is regularly...