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Business Services in Chesterfield, Sheffield, Dronfield and Mansfield

Starting a business is an exciting time but there are several things you’ll need to consider and our team of experts in Chesterfield, Sheffield and Mansfield are here to help you every step of the way.

You may be uncertain about how to structure you business, how to finance it, whether to employ staff or whether to rent or buy commercial property. It is important to seek the right legal advice at the start of your journey, because if your foundations are not right then the business may have problems growing.

Our team of experts in Chesterfield, Sheffield and Mansfield have years of experience in dealing with local, national and International businesses and we can help with any aspect of commercial law including commercial property, business contracts, terms and conditions, resolving disputes with suppliers through to employment law advice. 

Helpful resources

Frequently asked questions

Do we have to do anything else in our recruitment adverts?

You need to be able to justify if you are asking for certain levels of experience. Advertising for a bus driver who is safe and has had previous experience is one thing advertising for a bus driver with 10 years’ experience is another. The first option leaves your job advert open for all ages to apply. The second rules out individuals who may be in their early twenties.

 Other points to consider when recruiting new employees:

  • Ensure whoever is interviewing potential employee’s scores interviewees on their skills and competencies as opposed to their age.
  • Although they are not discriminatory themselves consider removing any reference to age on your job application forms.
  • Don’t ask a potential employee for a physical fitness test unless you require them. 

Once you have selected an appropriate employee ensure managers and staff are trained to monitor and avoid any discriminatory behaviour. Also make sure it is clear within any policies you have that discrimination in any form is unacceptable. Ensure managers are fully trained in diversity issues and that they are able to deal with discriminatory issues that arise within the workplace.

Do we need to worry about these requirements if we employ people in their 50’s and 60’s?

Yes you need to be aware of these requirements if you employ anyone of any age. They affect every area of employment as well as the recruitment and selection process. The requirements not only make it unlawful to discriminate on the grounds of age but also harassment whether it be intentional or unintentional or to victimise an individual. 

You need to worry not only about your own actions but also your fellow employees who must be discouraged from making offensive or unkind comments about age or anything in between.

 As with other areas of discrimination if your employee can demonstrate that there has been a difference in treatment which is due to discrimination it is solely down to you the employer to show otherwise or for you to prove that you have done everything in your power to stop such discrimination. There are no limits to discrimination awards and often they include an aspect for suffering, failure to do so can be expensive. 

 

How does age discrimination requirements effect the recruitment process?

When you are recruiting employees you need to ensure you are not discriminating for or against anyone due to their age. This means you cannot advertise specific age requirements in any of your job adverts unless you can justify them.

Time to get out?

Exiting a business can be extremely emotional so it’s important to have the right partners in place guide you through the process. As your legal partner we will give you as much or as little advice as you need, but be assured we’ll be with you every step of the way. We can advise you on everything from selling your business premises to raise capital through to full liquidation.

Time to review your business?

Running a business can be extremely stressful so it’s important to have the right partners in place to ensure your business stays on track. As your legal partner we will give you as much or as little advice as you need, but be assured we’ll be with you every step of the way. We can advise you on everything from the renewal of staff contracts through to helping you claim for any unpaid debts.

What are the conditions of age discrimination?

In 2011 legislation new legislation was introduced making it unlawful to treat anyone differently due to their age except if it could be justified or falls within one of the exemptions to the law. The retirement age of 65 has now been phased out meaning employers can now only forcibly retire workers if it can be justified.  

 

When is the best time to sell a business?

A mistake business owners often make is selling too early, rather than taking the time to groom the business ready for a sale.

We find that business owners often panic and sell when the market is in decline, rather than waiting it out, but we can advise you of such implications. By taking your time (often months), you can present your business in a very different way and therefore maximise the sale value.

You need to be able to show prospective buyers that your business is under control with accurate management information. You should also look to improve planning, performance and profitability in all areas. In addition, you need to make sure you have suitable contracts for employees and suppliers, as well as resolving any outstanding disputes and tightening up your finances.

We would advise that you:

  • Create a stable financial plan for the year.
  • Sell any redundant equipment and property
  • Tighten up stock control, making provision for old stock as appropriate
  • Make sure the premises look well maintained and tidy
How do I find a buyer to buy my business?

Once you feel that your business is ready for sale, your legal adviser will draft a ‘sales memorandum’ which effectively highlights the key features of the business, including basic performance indicators such as turnover and profit. At this stage confidential information will not be disclosed.

There are specialist commercial sales agencies that can help to market your business to prospective buyers and we can help you select one if necessary. Often the business name will be hidden until serious interest has been registered by a buyer.

Once a serious buyer comes forward then they will be asked to sign a non disclosure agreement before any information is shared with them. You may want to consider telling key employees of your intentions at this stage before any on-site meetings/tours begin taking place.

How do I know if I should sell my business?

One of the first things any adviser will ask you is why you want to sell, as this can impact on the deal structure proposed. A trade sale to another business, typically in the same sector, is the most common exit route, although alternatives can include a management buy-out, passing the business to your family or floating your business. Some of the more common objectives include:

  • Retiring/ill health, so looking for a cash payout at a target price, and/or by a set date
  • To secure the future of the business and the employees
  • To minimise your personal tax liabilities

You will need to have a commercial legal adviser on your side as well as a corporate finance adviser and an accountant to advise you on tax. If there are employees you will also need to have an employment law adviser. You may also want to think about a personal wealth manager to ensure that any proceeds are invested in the appropriate way.

What do I need to consider when looking to purchase a commercial property?

Types of commercial properties
There are several types of commercial real estate properties available, including office buildings, retail spaces, warehouses, apartment buildings and industrial units.

Location
The location is important for several reasons, including accessibility, parking, visibility, and proximity to potential customers or clients. It’s important to consider the demographics of the local area and the potential for growth when choosing a location for your commercial property. It is also a good idea to review any plans that your local council may have for that area, just in case that may impact the property location further down the line.

Cost
Commercial properties can be expensive to purchase or rent, so it’s important to consider your budget before making a decision. Factors such as location, size, and quality of the property can all impact the cost.

Financing
Financing options for commercial properties typically involve a combination of equity and debt financing. Equity financing involves investing your own money or seeking out investors to help fund the purchase or expansion of the property. Debt financing involves obtaining a loan from a lender to help finance the purchase or development of the property. Typically a lender would expect a charge on the property as security for their loan.

Leasing
Many commercial properties are leased rather than purchased outright. Leasing can provide more flexibility and lower upfront costs, but also comes with its own set of challenges and obligations.

Maintenance and upkeep
Maintaining a commercial property can be costly and time-consuming, but it’s important for the long-term success and value of the property. Regular maintenance and repairs can help prevent larger issues down the line.

What are the pros and cons of buying a commercial property?

Potential investment opportunity

With any property purchase, buying a commercial property could be seen as an investment. The property may increase in value, and when you own your business premises, you can profit from this increase instead of your landlord. You can also offset the interest paid on the mortgage against your net profits.

However, you may need a large deposit to secure the property - often around 20-30% of the purchase price - which may not be viable for smaller businesses. It is possible that the property could decrease in value too, which could mean that you owe your lender more than the property is worth. Investing in property is always a risk, so you should consider carefully before deciding to buy.

Planning your business’s financial future

Another key benefit is that you can plan better for your costs. With a commercial property, you may be able to fix your mortgage payments for a set number of years.

However, when you rent, you may be subject to rent increases making it harder to create business projections. It can also make doing business more difficult where you are operating on tight margins. A large rent increase could even make your operation no longer viable. On the other hand, if you have a variable rate mortgage on the property, payments can rise by a significant amount, so this may not be as much of an advantage as you might think.

Option to sell

Although you can fix your mortgage payments for a long period, you may find that your business premises need to change or are no longer fit for purpose. If you own your commercial premises, you can sell whenever you want.

However, if you are renting, you may be tied into a lease that can be tricky. Some commercial premises have lease terms of up to 15 years, and unless you have negotiated a break clause, your only way ‘out’ of the lease would be to find an assignee to step into your shoes, and even then it is likely that you would need to give a guarantee.

Making necessary changes to the premises

When you own your business premises, it allows you to make any changes to the property that you see fit subject to planning contracts. Making such changes can be crucial to business operations, and this freedom should be a key consideration when you are thinking about buying or renting a commercial property. You can also sub-let all or part of the building, which is often not possible when you are renting. You may, of course, be able to make changes if you rent a property, but this will be subject to obtaining the landlord’s permission (which may include a caveat to reverse the alteration at the end of the lease).

What are the pros and cons of renting a commercial property?

Faster and more straightforward

Typically, the process of getting into a rented commercial property is much quicker and more straightforward. You can cut out the process of securing a mortgage and conveyancing, allowing you to relocate quickly.

No large deposit required

Similarly, you won’t need to save up a large deposit to rent a property, making getting new premises easier for smaller businesses. If your business has good cash flow, you could end up renting a great space you could never afford to buy, boosting the image of your business. Note however, that the landlord may require you to pay a rent deposit (a payment made to the Landlord at the start of a lease, usually of 3-6 months rent, which would be the Landlords security in case rent is unpaid or late at any point during the lease).

Subject to lease conditions

There are of course disadvantages to renting, mainly that you will be subject to the conditions of your landlord. You may need to pay for repairs where you are on a ‘full repairing’ lease, and any changes you make could add value to your landlord’s property at the expense of your business.

Rent increases

Above we talk about rent increasing during the term of a lease, however, it is important to remember that a properly drafted commercial lease sets out the basis of any reviewed rent. It is usually by reference to open market rent or the retail prices index, and rent reviews would only be allowed on set dates agreed at the outset.

What costs are involved when buying a commercial property

Stamp Duty Land Tax (SDLT)

In England and Northern Ireland the current threshold is £150,000 for a commercial or mixed area property. For property up to £250,000, the SDLT rate is 2%, while over £250,000 has a 5% rate.

Other costs to consider could include:

  • Advice from professionals such as commercial property advisors, accountants, consultants, lenders and solicitors
  • Decorating, building adjustments, repair costs and upgrades
  • VAT
  • Commercial mortgage arrangement fees
  • Surveyor and legal fees
  • Environmental compliance costs
  • Waste management
  • Office furniture and equipment
  • Moving costs
  • Business rates for commercial properties
  • Buildings insurance
  • Operational and maintenance costs
How can I finance buying a commercial property?

Commercial Mortgage
Commercial mortgages are usually the most suitable option for businesses wishing to buy a property. It works the same as a residential mortgage; you pay a deposit, and then make monthly repayments either made up of capital and interest or interest-only. With many lenders offering varying interest rates, it’s important to identify the most suitable for your business.

Business Loan
If you’re looking for a short-term or more flexible way to finance your commercial property purchase, you could consider a different type of loan for commercial property. You could use a business loan to either fund part, or all of the transaction.

Asset Based Lending
If your business already has other substantial assets, asset based lending can be a good way to release the cash tied up in them, to be re-invested into buying commercial property. This may be a solution to raising the necessary deposit and could be used alongside a mortgage or other funding solution.

Testimonials

I have dealt with Andrew Fielder on many matters over the last few years and have found him approachable and friendly, with excellent advice given in good layman terms.

Mr B, Chesterfield

I have dealt with Andrew Fielder on many matters over the last few years and have found him approachable and friendly with excellent advice given in good layman terms.

Mr B, Chesterfield
Business Legal Services
 
We have been clients of banner jones for more than five years and they have assisted with numerous Property transactions, option agreements, shareholders agreements, loan agreements, etc.
 
We are very satisfied with the level of service, along with the practical and commercial approach. We always feel that the team understand the underlying transaction.   Andrew Fielder is a safe pair of hands on the property transaction side. He recognises what are the important issues in a transaction and resolves these without letting minor issues get in the way. Deals well with solicitor for other side.  As a business we are very happy with everything Banner Jones have done for us.
Eldon Estates SA

Commercial Property

Very many thanks for your efficent service.

Mr P, Derbyshire

It just goes for me to say thank you for your help and assistance and especially the advice in this matter and should A2Z have the need for similar services. We will certainly consider Banner Jones first

A2Z computers, London

Although you are now part of Banner Jones, to me you are still Glossops, and the service we receive is part of why we have been with you for so many years.

Mr T Pass

Laura, thanks for everything. I hope our paths cross again, you've been very helpful and a delight to work with.

Ms W, Whitwell

I just wanted to say a huge thank you for all your services and advice with regard to the purchase of our house. I would also like to thank Rachael and Laura for answering endless queries of mine, and for always getting back to me promptly. They are both very professional and have been fantastic at keeping in touch – a credit to the company. Thanks again to you all for making this process so easy for us. I shall definitely recommend you to friends and family.

Mr C & Miss K, Bramcote

My thanks to you & your colleagues for your professional & efficient handling of this. I will happily join the 97% of clients who would recommend your services.

Mr B, Wingerworth

My family, and our business, always use Banner Jones Solicitors for a range of legal services. From wills and property purchases to more complex commercial legal matters, I would not hesitate in recommending Chris Sellars and the team at Banner Jones Solicitors.
Throughout my dealings, Chris has shown fantastic communication skills, judgement, perseverance and research knowledge and I cannot praise him and Banner Jones enough.

Chris Breeze Managing Director – DCJ Group Insurance, Chesterfield

Many thanks for managing this process so efficiently for us. Your hard work and diligence is greatly appreciated.

Mr H & Mr H, London

Excellent service due to business relationship with our solicitor.

Mr A, Chesterfield

Very efficient, friendly and professional. We would definitely recommend to friends and family. They made the whole experience problem free.

Mrs W, Mansfield

We’re really grateful for the work you did for us. 10 out of 10!

Mr & Mrs S, Bridlington

Brilliant service, kept well informed all the way through the process. Would definitely recommend.

Miss H, Nottinghamshire

I was so impressed with Katie’s advice. She was very professional, to the point and helped me in what was a very difficult situation. Her advice gave me the confidence I needed and was a real boost.

Mr D, Chesterfield

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.

Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.

Mr W, Nottinghamshire

Service was incredible. Lee Foster made the transition smooth and easy. Thanks Lee!

Mr P, Rotherham

Many thanks again for all your support, I can't tell you how much we appreciate your help.

Mr W

Received the usual efficient and friendly service from Matthew Maiden.

Mr & Mrs H, Matlock

If in future I need legal advice my preference will be with Banner Jones after such great service

Mr Kingston

Efficient, quick and accurate service, with friendly assistance at all times as always. We have always used Banner Jones, and have never been given any reason to ever change.

Ms H & Ms N, Hope Valley

We were very pleased with the friendly and professional manner dealt with our business. All the details of the business were clearly explained to us.

Mr & Mrs B, Old Tupton

You’ll be our first port of call when we have any legal matters going forward – we regularly have contracts with customers and legal issues we take advice on.

 

Mr B, Rotherham

The polite, professional and timely manner with which you dealt with all of our queries, no matter how trivial they were, was a great comfort and reassurance to me at a time that could have been very stressful. Having you oversee everything gave me the confidence to keep plodding on with my daily grind without the extra worry of what may happen in a situation that I know nothing about. 

I would, once more, like to express my sincere thanks to you for your service during this difficult time of my life. 

Mr R, Chesterfield

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We take data privacy very seriously, and we want you to understand and feel confident about how we collect, store and handle your personal data. If you’d like to find out more you can read our Privacy Policy.