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Agreeing the terms of a lease with a prospective tenant prior to drafting the lease will save considerable time and money further down the transaction. If the parties are fully aware of the terms of the agreement it is likely to reduce disputes and consequently avoid delays and further legal costs.

Below is a non-exhaustive list of the points which should be discussed:

Length of Term of the Lease

The term should be fixed for a set period. Tenants now prefer leases to be shorter in length because of the requirement of the Land Registry for registration of leases with terms greater than 7 years and secondly because the Stamp Duty Land Transaction Tax is greater for longer terms.

Security of Tenure – Landlord and Tenant Act 1954

This Act preserves the right of a business tenant to stay in the property at the end of the lease. If the provisions of the Act are not excluded then the tenant will be entitled to remain in occupation at the expiration of the fixed term and have a right to apply to the court for the grant of a new lease.

This is expensive and time consuming, and in certain circumstances the tenant may be entitled to compensation for failing to obtain a new tenancy.

Allowing a tenant access to the premises before legal formalities are completed can also establish security of tenure and invalidate any subsequent agreement to exclude the Act.

Rent & Rent Review

Consider the initial rent and whether there is to be provision in the lease to increase the rent. If so, when and how is the rent reviewed? Rent review provisions are usually by way of reference to an index or the open market value of the premises at the date of review.

Service Charges

The service charge is often a contentious issue whenever a property is divided between two or more tenants. It includes such items as lighting, cleaning common parts, repair and maintenance, security etc.

The service charge can be dealt with by way of an all inclusive rent or by apportioning the charge between the tenants. Advise the Tenant of the likely apportionment and list the services you intend to provide.


This restricts the tenant’s ability to assign, or sublet the premises in whole or to sublet any part. Most leases will prohibit the tenant from assigning the lease without the landlord’s consent, allowing the landlord to decide whether the new tenant is suitable and has adequate finances to meet the rent.

On assignment the original tenant will no longer be bound under the original lease once he has parted with his interest. It is therefore wise to insist on an authorised guarantee agreement whereby the original tenant will enter into a guarantee with the landlord.

Guarantors and Rent Deposit

If the financial standing of the tenant is uncertain, a landlord will often require a guarantor and/or rent deposit. Ascertain whether the proposed tenant is an individual or a company. Insist on a guarantor if the tenant is a newly formed company. Alternatively, the landlord can take a rent deposit from the tenant upon which he can draw in the event that the landlord breaches the lease.

Landlord’s Costs

It is not obligatory for the tenant to pay the landlord’s legal costs. Advise the proposed tenant at the beginning that you require him to be responsible for such charges. Instruct a firm of solicitors that specialise in these matters and are able to provide a fixed fee.

If a prospective new tenant is forewarned of these issues your solicitor will be able to complete the lease faster and consequently you begin receiving the rent sooner. This approach also helps to prevent subsequent problems when the term expires or is renewed. Remember that any heads of terms agreed should be clearly expressed to be ‘subject to contract.’

For further advice on commercial property conveyancing, please contact Rhidian Hobbs at Howells Solicitors on 02920 404020 or email

Howells Solicitors are pleased to announce the arrival of Claire Davis to their team. As of the 1st September 2010, Claire Davis will be joining the Howells ranks as a Partner and will head the Private Client & Asset Management department, based in our Newport Office.

Claire was born and lives in Newport. She was educated at Cheltenham Ladies College before attending reading university to read LLB Law, where she was awarded the Maxwell Law Prize for obtaining the top degree in her year. After completing her Law Society finals at Guildford, she returned to Newport to train as a Solicitor at the family firm, Le Brasseur Davis & Sons, under the guidance of her father and uncle, Gilbert and Tom Davis, who have been well known and highly respected Solicitors for many years. Claire qualified in 1985 and continued to practice in Newport, successfully combining her working life with the challenges of bringing up two children. She took over the family firm in 1997, specialising in Wills, Probate, Estate Planning and Elderly Client work.

In 2003 Claire was approached by Rubin Lewis O’Brien Solicitors in Cwmbran and asked to develop and head their Private Client Department. Whilst working in Cwmbran, Claire built a successful team from the ground up, and established a reputation as one of the top Specialists in her field.

Claire takes great pride in her work and is passionate about helping those in the later stages of their lives and those with disabled children or vulnerable dependants. She has close links with many local charities including the Alzheimer’s Society, Mencap and Age UK. Claire gives talks on behalf of all these groups, together with helping present seminars on tax planning and preservation of assets with local independent financial planners. She creates bespoke Wills and Trusts for clients, with differing levels of wealth, personal needs and business interests and ensures all their concerns are addressed in a sympathetic and professional manner.

She is on the board of directors of Solicitors for the Elderly, a national organisation of lawyers specialising in looking after the needs of clients in later life, and is extremely proud of the work they do and her role in the organisation. The organisation has a national and local voice, ensuring the concerns and needs of Carers, the vulnerable, and those in later life represented by bodies such as the Court of Protection and Office of the Public Guardian.

Claire acts professionally on behalf of many individuals both young and old, where they have lost or are losing capacity, either through illness or devastating head injury as a result of an accident. She helps these individuals and their families to manage their financial affairs and protecting them from potential risk and harm. Claire also helps families create Powers of Attorney and Deputyships where needed, and takes steps to protect assets from the potential impact of care home fees.

Claire deals with the often complex and stressful area of Probate, ensuring clients are cared for with great sensitivity at such a difficult time. She is experienced in dealing with estate ranging from small, to those worth many millions of pounds, but treats each estate with an equal degree of care, tailoring her service to the particular needs of the client. The spectre of dealing with IHT calculations and mitigating against these where possible is a challenge she relishes! She deals with the unfortunate disputes that can arise between families over Wills or the lack thereof, and can often avoid lengthy and costly litigation by assisting clients in coming to terms with any issues they have raised.

Her depth of knowledge and high level of expertise in these areas ensures she is now perfectly placed, both in terms of her career as well as her city centre location, to help even more people get their affairs in order before it’s too late.

Claire is excited about the move, stating: “I am passionate about this area of law and being able to help a wider range of people at sensitive times of their lives. Moving to Howells and returning to the centre of my home town is an exciting challenge. I am supported by an efficient and expert team of lawyers and feel confident that the service we will be able to offer to clients, both old and new, will remain second to none.”

For an expert and efficient legal service, please visit Howells Solicitors at or call our Newport office on 01633 22 79 60. Our dedicated and friendly team of expert solicitors will be there to help you every step of the way.

Howells Solicitors is delighted to announce their latest acquisition as they continue to grow throughout South Wales. In a bid to stay true to their roots as a friendly and approachable law firm, Howells Solicitors have expanded into new premises on Albany Road in Cardiff.

Alongside its Cardiff Headquarters, the firm now has five other offices throughout South Wales, ensuring a professional and personal legal service at arm’s reach. Our offices are situated in Newport, Caerphilly, Talbot Green and Swansea, with two offices in Cardiff, one being the Headquarters in Newport Road, as well as our new Albany Road branch.

The Albany Road branch is set to specialise in the areas of conveyancing and personal injury, whilst still offering all Howells’ other trusted and expert services, including: employment law, commercial property, matrimonial and family law, wills and probate and tax planning.

The new branch is to be headed up by Victoria Morley-Jones, whose experience in new-build transactions; residential transactions; leasehold and shared ownership will be invaluable in an Albany Road location where landlord and tenant disputes are common place.

The Albany Road practice is aiming to capture a large section of the local new build residential conveyancing market. We have a 28 day time span on our new build conveyancing service, ensuring our service is not only thorough, but also a lot more prompt than you could expect from most Solicitors.

Even though we are one of the largest and longest established firms of Solicitors in Wales, we are able to offer a fresh and friendly approach to legal services. With our local knowledge and expertise in key legal areas, we deliver an unrivalled service at a competitive price. For professional, friendly legal advice call Howells Solicitors on 02920 40 40 20.

In this week’s Panorama programme, presenter Vivian White highlighted the risks in using a will writing service. Many people are under the false impression a ‘will writer’ is a solicitor, but unlike a solicitor they do not have to undergo any training, have insurance, and are not regulated by any organisation which ensures that they conduct their activities in the interests of the consumer and provide some form of redress, if things go wrong. If they go out of business, there is little that can be done - sometimes the will cannot be found, even where charges have been made for storing it.

Andrew Poole’s wife, Suzanne used a will writer, but the will failed to include any provision for him, leaving the entire estate in trust for his stepdaughters. Caroline Bielanska, Chief Executive of Solicitors for the Elderly, appeared on the programme and expressed concern that a spouse had not been provided for. The will writers appeared to have failed to advise on his right to bring a claim against the estate for inadequate provision. She said, ‘a specialist solicitor would have asked why a spouse was left out, kept a detailed record of those reasons and advised of the high risk that the will would be challenged’. Solicitors are in the business of giving legal advice, taking into account the client’s domestic and financial circumstances - it does not appear that Suzanne Poole received any such advice’.

The lack of regulation has enabled many will writers to adopt high pressure selling techniques which was illustrated in the programme, often offering wills for a low or discounted fee, and then recommending themselves to be appointed as executors, selling other services without full advice, such as transferring the home into a trust in an attempt to avoid care fees. Terms and conditions can be poorly worded and difficult to understand. In secret filming undertaken by the BBC for the programme, an elderly couple was not told the details of charges which were confusingly set out in writing but then taken away by the will writer.

The fear of solicitors costs, prompts some people to use will writers. Alison Huggins of Howells Solicitors who have offices throughout South Wales commented, “Solicitor’s are required to set out in writing the basis of their charges, and in many cases wills are undertaken for a fixed fee with free storage of wills and other documents.” Recent research by the consumer group, Which? found that the average fee for will drafted by a solicitor was £130, compared to a will writer of £107.

Alison Huggins (one of the few lawyers in Wales who is a member of Solicitors for the Elderly) said, “This programme highlights the potential for getting it wrong without full legal advice and the need for proper regulation of will writers. It can be very costly to undo after you have gone and can leave your family in disarray when they have to pick up the pieces as problems generally only come to light when you have died.”

Social Care
Charges (Wales) Measure 2010 by Alison Huggins, Elder Client Specialist of Howells Solicitors

(This article was first published in Elderly Client Adviser -

The coalition Welsh Assembly Government stated in its “One Wales” programme that during its term it would bring forward legislation to create a more level playing field in relation to charges for domiciliary care services. It has fulfilled that commitment in passing the Social Care Charges (Wales) Measure 2010, which received the Royal Assent on 17th March 2010.

In Wales, this measure will replace the Westminster enacted Health and Social Services and Social Security Adjudications Act 1983, which gave local authorities the power to recover such charges they considered reasonable from recipients of non-residential social care services.

In 2002, the Welsh Assembly Government issued guidance to local authorities entitled, “Fairer Charging Policies for Home Care and other non-residential Social Services”. This was not prescriptive, but was meant to help local authorities in setting reasonable and fair charging policies. Nevertheless, despite the guidance the discretionary powers of local authorities led to wide variations in approach across Wales.

A report commissioned by the Welsh Assembly Government in 2008 and conducted by consultants L E Wales concluded that inconsistency existed in most respects of charging policy, including: the range of chargeable versus charge exempt services; the level of charges levied; disregards and limits; the use and level of a maximum charge; and in the provision of information on charging. Examples of inconsistency included: 15 out of 22 local authorities charged for day care services; hourly rates for home care services ranged from £5.60 to £15.32; the maximum weekly charge for services ranged from £16.50 to £200, with some local authorities not operating any maximum charge. The report highlighted the potential for this inconsistency to lead to unfairness and the unequal treatment of service users across local authority boundaries.

The publication of the L E Wales report findings by Gwenda Thomas AM, Deputy Minister for Social Services, led to predictable protest from the service users paying the highest charges. It also resulted in some of the lowest charging local authorities seeking to increase their charges and the types of services they charged for.

The report was followed by the publication of a draft measure and a policy intention statement, setting out the initial changes the Welsh Assembly Government wished to make. This ‘First Steps Improvement Package’ included:

  • A maximum weekly charge of £50 per recipient of non-residential social care for all the services received;
  • Regulations to make the statutory elements of the Fairer Charging Guidance mandatory, including income buffers and disregards;
  • Regulations prohibiting authorities from charging for the provision of transport to day centres;
  • Regulations requiring authorities to introduce a procedure for reviewing charges.

The intention is to establish a fairer system for all client groups, which is simple to understand, cost-effective to administer, and potentially reduces the charging burden on service users. The measure was welcomed by service users and representative organisations, although it also received negative attention from local authorities on the grounds that it would fetter their discretion to operate local charging procedures and would be expensive to implement. Local authorities will however, be reimbursed for lost revenue. The Welsh Assembly Government has set aside £11 million to help local authorities implement the measure and regulations.

Despite the opposition, the Welsh Assembly Government, assisted by a task and finish group which consulted widely with stakeholders, pressed ahead with the legislation. Currently, there are several task and finish groups working on preparing the regulations and guidance, which will make the provisions outlined in the First Steps Improvement Package a reality in Wales from April 2011.

Age Cymru, the new charity combining the force of Age Concern Cymru and Help the Aged in Wales, as members of the Coalition on Charging Cymru, are seeking the removal of home care charging. However they state: “this measure is a significant step forward in Wales limiting the amount which people are charged for the non-residential care services they need. Whilst some discretion for local authorities in their charging processes will remain, there will be much greater direction from the Welsh Assembly Government and the maximum charge of £50 will mean a significant reduction in many people’s charges. We believe this legislation will remove the worst examples of inconsistency. “

National Framework for Continuing NHS Healthcare (Wales) issued 13th May 2010

Continuing NHS Healthcare (CHC) is a package of care arranged and funded solely by the NHS in England and Wales, where it has been assessed that the individual’s primary need is a health need. On May 13th, two and a half years after publishing the draft for consultation, the coalition Welsh Assembly Government issued new guidance in the form of the National Framework for Continuing NHS Healthcare.

Framework states it is Welsh Ministers’ Policy

• To put much greater effort into developing models of service which help to prevent or delay the need for more intensive health and social care services or facilitate a return to lower level support (for example through prevention, re-ablement or rehabilitation). This framework is therefore intended to complement and support existing joint strategies not replace them.
• To ensure that the available resources are used effectively in accordance with this strategic approach.
• To foster a much more collaborative approach across health and social services in these areas and to avoid local disputes.
• For those who may be eligible for CHC to put in place a sound national framework, good decision tools, training and review arrangements to ensure speed, consistency and fairness in decisions.

England has had a National Framework for Assessing Continuing NHS health care since 2007 and despite this having been revised in 2009, it is clear that problems still exist in both England and Wales. In a recent article in the Daily Mail, Solicitors for the Elderly stated that, “a barrage of obstacles is placed in the way of families with elderly relatives needing long-term care, including the following:”

• They may not be told that funding is available - especially if their relative owns their home.
• They are often not offered an assessment to decide whether their relative would qualify. Without one, they have no chance of applying for continuing health care costs.
• Health authorities reject requests for assessments.
• Assessments made by medical teams are downgraded by the Primary Care Trust (PCT) so that the elderly person does not qualify.
• PCTs (Local Health Boards In Wales) ignore clear needs in assessments.
• Families are not allowed to see the full medical records.
• The bar for judging the severity of illnesses is set too high.
• The Strategic Health Authority (SHA) independent review panels refuse to allow lawyers to represent families; although they can attend as a family friend, as long as they don't raise any legal arguments.

Caroline Bielanska, Chairman of Solicitors for the Elderly, added: “It seems that the more obstacles that can be created, the more chance people will give up and thus save the NHS from paying out.”

The Welsh Guidance mirrors the English Framework in most respects. However, it significantly departs from its English counterpart by stating that the assessment of CHC must be carried out wholly within the context of, “Creating a Unified and fair system for Assessing and Managing Care”, under which the totality of a persons health and social care needs are assessed. Also the Welsh Framework does not deal with the assessment of Continuing NHS funded nursing care with anything like sufficient clarity compared to the English Framework.

The Welsh Assembly Government has stated that it will develop with stakeholders an All Wales Continuing NHS Healthcare training programme which will be multi-disciplinary in its approach. The Framework contains a mandatory requirement for Local Health Boards to review their current assessment training, quality assurance and discharge processes to ensure they are compliant.

On 1st March 2010 the Department of Health published practical guidance intended to support practitioners and others with responsibilities for NHS continuing healthcare in the implementation of the revised national (English) framework of July 2009, and in the use of associated tools. It is hoped that the Welsh Assembly Government, along with its stakeholders will develop similar guidance as soon as possible to fulfil its policy intentions referred to above.


In the mean time, practitioners in both England and Wales, when acting for clients regarding decisions on payment for care and eligibility for Continuing NHS healthcare, should ensure that:


  • Clients are fully involved in the assessment process and obtain all relevant documentation.
  • Use is made where appropriate of the NHS and Ombudsman complaints system.
  • Stakeholders such as Community Health Care Councils and charities representing the elderly and the disabled receive accounts of where assessment processes have not been properly followed, so a body of evidence can be developed to influence future policy and implementation.

In the long term the New Westminster Government has announced it is establishing an independent Commission on Long Term Care. The Government also announced plans to reform the NHS including merging health and social care budgets and prioritising preventative care. This will include charging for social care in a residential setting and NHS funded nursing care, which are not dealt with in this article. These intentions have been welcomed by charities representing older and disabled people. Elderly client practitioners therefore can anticipate radical change in this area of law in due course. Sadly, despite the measures referred to in this article, elderly people are still potentially being wrongly forced to pay for their care both at home and in residential settings due to assessment processes that are inconsistent or are being unfairly implemented.

With effect from 15th February 2015 EU Regulations on Consumer Online Dispute Resolution (ODR) allow consumers who bought our services online to submit their complaint via an online complaint portal.

We are required under the regulations to provide our clients the following information:-
  1. Link to the ODR platform - please follow the following link for further information (
  2. Our contact email address in case of a complaint under the ODR regulation – Andrea Coombes