Commercial Case Studies
Case Study: Purchasing a Business
Andrew Davies - Chiropractor
Howells Solicitors were instructed by Andrew in connection with his start up business as a chiropractor.
Having found suitable premises Andrew asked Howells to advise him on the proposed lease and to investigate the landlord’s title to the Property.
Howells quickly established that the property did not have the requisite planning permission consent for his proposed use contrary to the advice that Andrew was receiving from the letting agent and the landlord. To help expedite matters Andrew submitted a planning application whilst the terms of the lease were being negotiated and agreed between Howells and the landlord’s solicitors.
‘If Howells hadn’t identified the need for planning then I could have been prevented from trading shortly after opening which would have put me and the business under considerable financial pressure.’
The case highlights the importance of seeking legal advice when taking on a lease of commercial premises. There are factors to consider beyond the terms of the lease. Leases will often contain a disclaimer from the landlord that they give no warranty that the property can be used for the purpose which the tenant is intending to use the property for. Once the lease has been signed there is usually no way for the tenant to bring the lease to an end early so the tenant could find themselves being unable to run their business but still responsible for the rent.
15 King's Road,
Cardiff CF11 9BZ
Tel: 029 2115 9435
Steve & Kim Dyer – Coffee Shop Owners
Having decided to retire from their job of more than 20 years both Steve and Kim had the dream of opening up their own coffee shop. They had found a business that they wished to take over but shortly after commencing the due diligence process, Howells established that the information that had been supplied by the sellers did not accord with the premises or the business when it was viewed.
The sellers did not have the consent of their landlord or the Council to place tables and chairs outside the premises on the adopted pavement.
‘If Howells hadn’t been so diligent in their investigations then matters could have gone horribly wrong for us. The outside covers contributed a significant amount to the turnover of the business and without them the business would not have been profitable.’
47 Cardiff Road,
Caerphilly CF83 1FP
Tel: 029 2088 8595
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