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Buy-to-let investors beware!

Many buy-to-let investors are attracted by the idea of investing in residential flats, but beware…

On the face of it, the lease may not prohibit subletting, and the owner is therefore free to enter into a short term letting, usually on Assured Shorthold Tenancy terms. However, the lease may contain a covenant that says that the flat can only be used as a private dwelling for the tenant and his family.

The recent case of Burchell v Raj Properties Ltd looked at this issue. The tenant of the flat wanted to sublet it for investment purposes and argued that it was still being used as a private dwelling “for” the tenant, (ie he was taking the benefit of the rent) even though it was not being occupied “by” the tenant.

The landlord successfully argued that the tenant was at liberty to sublet to members of his family but not to anyone else, as the flat could only be used as a private dwelling for the tenant and his family.

Anyone looking to invest in residential flats should look closely at the wording of the lease to ensure that there are no restrictions on who can occupy the flat. Subsequent discussions with the landlord to vary such restrictions could prove costly and substantially reduce the anticipated return on the investment.

Recent Court of Appeal decision highlights importance of Mediation/ADR

A decision by the Court of Appeal in relation to the cost consequences of a refusal to mediate has reinforced the value the Court places on parties engaging in some form of Alternative Dispute Resolution (‘ADR’) to resolve matters before they come to Court.

The recent case centred on a claim by a commercial landlord against a former tenant for dilapidations. The original claim was for a total of approximately £1.9million. Various offers were made throughout the case and the Claimant ultimately accepted one of the Defendant’s offers the day before trial. That offer had been made a significant time earlier in the proceedings.

Under the normal rules the Defendant should have been able to recover their legal costs from the Claimant from 21 days after they made their offer, but the Claimant argued that they had offered to mediate on two occasions and the Defendant had ignored these requests. They therefore argued the rules should not apply. The Court hearing the initial matter agreed with the Claimant and did not order them to pay the Defendant’s costs in the normal way.

The Defendant appealed to the Court of Appeal stating that they had not refused to mediate, they had not responded because they did not believe that mediation would have any chance of success. The Court of Appeal rejected this argument and stated that silence in the face of a request for mediation was the same as a refusal. They went on to state that the Defendant should have stated their reasons for not wanting to mediate at the time – but that even if they had done this, those reasons would have needed to be reasonable, which in this case they did not consider them to be. They therefore affirmed the original Court’s decision to refuse the Defendant their costs, although they stopped short of ordering the Defendant to pay the Claimant’s costs (as the Claimant had requested at the appeal).

This case further highlights the importance of ensuring that attempts are made to resolve disputes using alternative methods, and the importance the Court will place on a party failing to engage in such a process where the other party has offered to do so. Consequently, anyone involved in a dispute should make sure that they understand the consequences of an offer to participate in ADR/Mediation, and it is likely that requests to do so will continue to rise.

A barometer of the local economy

Clients often use me as a barometer of the local economy, asking about the general mood of local businesses and whether any particular sectors are generally faring better or worse. Whilst conditions are still challenging, particularly in certain sectors, I have enjoyed passing on a generally more positive message over the last 6-9 months.

I am encouraged that the more positive trend that I am seeing locally is mirrored by recent positive economic statistics and national news stories.

But what does all this mean for local family businesses?

Since UK family businesses account for over 30% of the UK’s GDP and employ over 9m people, family businesses have a big part to play in the recovery of the UK economy.

Family businesses are generally lower geared and more long-term focused than their non-family counterparts. They should therefore be well placed to invest for future growth and to take advantage of any upturn in the economy.

Current conditions for investment are encouraging. Interest rates look set to stay low for the foreseeable future. There are also good tax incentives for businesses to invest, with 100% relief available on the first £250,000 of qualifying items in both 2013 and 2014. The Research & Development tax credits & the new Patent Box rules are also beneficial for those companies investing in developing eligible new products. Relief on R & D expenditure can be as much as 225%.

With a backdrop of continued cuts in government spending and with consumer spending levelling out at more sustainable levels than we had prior to the “credit crunch”, commentators seem to agree that UK growth is likely to be at a relatively slow pace for the foreseeable future. In order to accelerate that growth, businesses therefore need to look at markets beyond the UK. Whilst many local family businesses do export their products and services, I believe there is a great deal of untapped potential.

The traditional core export markets of the US and EU look to have relatively low growth opportunities in the near future and so businesses would do well to explore opportunities in some of the fast growth so called ’emerging markets’.

UKTI provides valuable support and advice to UK exporters, including organising trade missions, conducting market research, providing support for trade shows and providing local contacts. I have had some really positive feedback from clients using these services. Sensibly, the government seems to be committed to providing more support, offering new export lending guarantee schemes and insurance products where traditional bank lending may be inadequate.

However, I think the government needs to do more to encourage SME’s in particular to explore international opportunities. Communication about existing support services could be improved and access to export credit guarantees could be expanded. It would also be great to see the government taking up the CBI’s recent recommendation to offer a targeted tax credit to underpin exploratory export activity by SME’s. This could perhaps work in a similar manner to the R&D tax credit scheme.

At Lovewell Blake we have seen an encouraging increase in demand from clients for advice about setting up operations in new countries, or simply trading with them. I really hope that we see this trend continue, with some local family businesses leading the charge!

The Lovewell Blake Family Business Club holds informal events throughout the year, for more information call Steven Scarlett on 01603 663300.

Back to Back to the Future!

Did you notice it? That DeLorean flying past the window? No? Neither did we. Yesterday was the 21st October 2013, it is just two years until we will have reached the date by which the iconic 1980’s film, Back to the Future travelled to. Of course, it was only a flim, but it was predicting a very different future from that which we lived in at the time of its release. OK, we haven’t quite achieved the flying DeLorean, (or indeed any car that can fly routinely), but it is quite interesting to see what Marty McFly and his trusted friend, Doc Brown got right. They predicted, for example, video conferencing – video conferencing is the norm today with not just businesses, but individuals routinely using video conferencing, (such as Skype or Facetime), partly because of our ability to ensure a secure data transfer when communicating over the Internet.

A LOT OF RACK SPACE

Unfortunately, for the foreseeable future we will still need roads. The Doc famousely said about 2015, “Where we’re going, we don’t need roads!”. But they weren’t all wrong. In Back to the Future II, Marty is seen showing some kids in a diner how games were played in the 1980’s. They think he’s mad because the games weren’t wireless and required you to use your hands! The Xbox Kinect dealt with the no hands element and it is now usual to play games wirelessly. Of course, this wouldn’t be possible without some clever data management and a lot of rack space in colocation facilities, but the prediction that we would be playing games wirelessly and hands free was pretty accurate after all.

DEDICATED SERVER HOSTING

What about 3D movies? In the 1980s 3D movies were not really new. In fact, they had been around almost since TV had been invented, but 3D televisions are something quite different. It was only a few years ago when the first 3D televisions were made available for consumers to buy … and they were very expensive indeed! Of course, the advent of Cloud storage and TV on demand has changed they way in which we watch TV with many of us watching online or using one of the many catch-up services. This is largely possible because of dedicated server hosting of the catch-up services that means that many people can stream of watch at the same time.

What about widescreen TV? In the 1980s remote controlled TVs were a novalty, now widescreen TVs are sold in every TV and department store. Wall mounted TVs such as the one hanging on the wall of the future in the film are now commonplace. In fact, so much so that the idea of the traditional TV stand with rack space for the VHS, (or even Betamax), recorder, the stereo and latterly the DVD player has all but gone. Wall mounted TVs with sound bars and integrated WiFi are the norm today.

SEAMLESS DATA MIGRATION

Another prediction in Back to the Future was that of handheld tablet computers. Was the late Steve Jobs watching this movie too closely?! It is, believe it or not, only three years since the launch of the original iPad, (April 2010), but consider how it has changed the world today. Apple, Samsung and many others now produce hand held tablet computers and the operating systems that have been developed mean that data migration between the various platforms is almost seamless.

Hoverboards haven’t quite made the headlines yet – certainly not one in which you can have a dramatic chase with your arch enemy, Griff Tannen and his gang, but some things do. Take, for example, the ‘hovercam’, we recently had aerial photographs taken of our data centre using a ‘hovercam’ rather than a traditional light aircaft or helicopter.

Help clients to avoid making unlawful dividends

The most common mistake we see directors making is to carry on paying dividends (usually to themselves) long after any distributable reserves have been exhausted and when creditor arrears have built up. If the company were ever to fail this could lead to those dividends having to be handed back to a liquidator at the worst possible time when the directors’ have lost their main source of income and often face personal guarantee liabilities as well. Also director/shareholder overdrawn loan accounts often operate in conjunction with declaring dividends. Rather than receiving a monthly salary typically directors will draw sums in “lieu of salary” and at the year end a dividend is declared and posted to the directors’ loan accounts bringing the balance down to nil. This works fine until the company becomes insolvent and dividends can no longer be declared leaving the loan account on the balance sheet which has to be repaid. So in effect the directors have foregone salary, worked for nothing and owe the company a substantial debt exactly at the same time as their principal source of income has or is in danger of drying up. An invidious position. If there are doubts about your clients’ ability to continue as a going concern the following simple steps taken in time could significantly improve their position in the event of an insolvency:

  • Obtain shareholder approval for any loans to directors above £10,000 to make them lawful.
  • Ensure your clients do not continue to unwittingly build up loan accounts based on previous advice received given when the company was solvent.
  • Consider advising directors to switch from dividends to salary. Directors are entitled to reasonable remuneration just like any other employee. Minute the reasons for doing this.
  • Ensure that directors have written contracts of employment. In the event of any insolvency of the company if the directors are employees then statutory pay in lieu of notice, redundancy, arrears of wages/holiday pay claims currently up to £450 per week will usually be paid by the Redundancy Payment Service. For a director who has been paid at or above this level for at least twelve weeks prior to the insolvency and has say over ten years service (even if most of this was paid below the national insurance level) this claim could be worth over £10,000!

See our briefing sheet on this subject at https://mw-w.com/unlawful-dividends-briefing-sheet. If you are concerned that your clients have received unlawful dividends that might have to be returned, think your client should move on to being paid by salary or have any other business rescue and insolvency related query please give me a call.

Tax planning for family businesses: Is it GRRR or GAAR?

There has been a great deal of publicity over the last year or so regarding so called “aggressive tax avoidance” schemes involving high profile individuals and businesses. The General Anti-Abuse Rule (GAAR) that came into force on 17 July 2013 is one part of the Government’s approach to managing the risk of tax avoidance and has made many of the previously available “avoidance” schemes obsolete.

In my experience, the vast majority of family businesses have not historically participated in these more aggressive forms of tax planning and are therefore largely unaffected by GAAR. It is however important for family businesses to adopt a sound and commercial tax planning strategy to help the business remain competitive. Sound tax planning can also enable a cost effective succession route, helping to secure the longevity of the family business.

Like any business, family businesses should regularly review their structure to ensure it meets the commercial requirements of the business as well as being tax efficient. With large company corporation tax rates reducing, National Insurance rate increases and the introduction of a new top tax rate band in recent years, the tax consequences of choosing to operate as a sole trader, partnership, LLP, limited company or group of companies can be more significant than ever. Furthermore, how the profits are shared and the structure of family pay and profit extraction from companies between salaries, benefits, dividends and pension entitlements etc has an even larger impact on the overall tax cost. A tax efficient structure should benefit both the business and the family.

Pension planning can be an important aspect of succession planning, enabling incumbent generations to retire without an excessive on-going burden on the business. Pension performance and contributions require regular review, particularly with rules regarding contribution and fund limits having changed several times in recent years.

Succession plans should be subject to regular review as family’s plans and priorities will change over time, as will relevant tax legislation. With appropriate planning, Entrepreneurs Relief may be available to secure an effective 10% tax rate on payment to retiring family members for their shares. More flexibility regarding the amount, structure and timing of such payment may be available in a family business situation than would be the case in a traditional management buy-out scenario. This can help to reduce the financial impact and risk to the business.

Business Property Relief can be an extremely valuable relief for Inheritance Tax purposes when passing on business assets to the next generation. There are potential pitfalls and the position can change dramatically on a sale of the business and so needs to be kept under review.

Family businesses should not be shy about sensible tax planning – it is simply part of good governance, helping to secure the long term success of the business for the benefit of everyone connected to it.

The Lovewell Blake Family Business Club holds informal events throughout the year, for more information call Steven Scarlett on 01603 663300.

Workplace Pensions – Automatic Enrolment – Do not get caught out, be prepared!

The automatic enrolment legislation puts the onus fairly and squarely on employers to operate automatic enrolment correctly for their employees. The message for employers is that preparation for automatic enrolment is very important and planning for your start date cannot begin too soon.

Many firms are now planning their response to automatic enrolment and many are taking steps right now. Financial advisers are uniquely positioned to help employers fulfil their duties and below we set out some of the ways an adviser can help. We have identified a number of questions which are key for employers considering how to fulfil their responsibilities.

• When do I have to have my pension scheme in place?

• Who do I have to enrol into the pension scheme?

• How much it is going to cost?

• What are my options in terms of providing an eligible pension scheme?

• What administration systems do I need?

The Pensions Regulator (TPR) has issued its first compliance notice to an un-named employer that has not met its duties under the automatic enrolment (AE) regime, as well as warning letters to 38 other employers. As of 31 March 2013, TPR had opened a total of 89 investigations into possible non-compliance by large employers.

The great thing is Lovewell Blake Financial Planning Limited can help an employer answer the questions above right now and enable the employer to be compliant by adhering to the legislation.

We are hosting a series of free seminars around the region in order to assist employers with the answers to the above questions. Please visit https://www.lovewell-blake-fp.co.uk/ for further details and to reserve your place.

An Event Organiser’s Guide To The Internet

14 RULES FOR WORRY-FREE, RELIABLE EVENT COMMUNICATIONS

As the outdoor events season quietens down a bit and focus moves to planning for 2014, we thought it would be useful to list out some of the trends we have seen during 2013 which can help with 2014 planning when it comes to IT and communications at events. Although focused on outdoor events most of the topics below apply equally to indoor events too.

1. Try to Plan and Book early – It’s vital to start considering the aspects of internet and service connectivity early on in the event planning process.

Communication between the connectivity provider and the event planner is vital to ensure that the most efficient use of equipment is made according to the site layout and the correct equipment is provided. Advanced planning will provide a detailed scheme of what is required. Specifying just what you need to complete your installation in the most cost effective way.

Strong relationships between staff at the connectivity provider and the event team are essential for the understanding and delivery of services that meet the clients’ needs and expectations. The more time you spend with the computer and internet people before the event, discussing your requirements, the less time you will need to spend with them at the event. You’ll be able to get on with your work knowing that the IT side is taken care of.

2. Robust and Guaranteed Service – Slow internet speeds can be just as frustrating as not having any access at all. Any system should be robust enough to handle the load as estimated through the planning process, with capacity of speed and data volume to spare.

As well as being robust, the networks should also have a redundant backup and appropriate equipment to enable a seamless fall-back if problems occur with the main provision.

Satellite broadband can provide download speeds of up to 20Mbps. We think that two satellite dishes are better than one, which is why you’ll never see a single, lonely satellite dish at any of our event installations. If the first dish stops working, the second will quietly take over.

We still don’t think that’s enough to guarantee highest availability internet access, so we install high powered specialist mobile broadband equipment or a different satellite system for Plan C.

Vulnerable cable runs, where they cannot be avoided, should be facilitated in pairs, providing a redundant backup if the primary cable fails.

Ensure that whatever solution you choose, you know that you have a Plan B and even a Plan C.

3. PDQ / Payment Systems – Recently we have seen a significant rise in the number of events reporting problems with GPRS (mobile phone) PDQ machines – these are the credit/debit card machines used for merchandise, box offices, vendors etc.

The problem stems from the fact that at events the mobile networks (Vodafone, O2, Orange, etc) cannot handle the amount of data that users are trying to pull over the network, and with all the network congestion the PDQ machines cannot process transactions.

The problem is getting worse because of the increase in smartphones, with users downloading more data and a reluctance by operators to put in temporary masts due to their high cost.

However it is important to note that just because a temporary mast is installed, it doesn’t necessarily mean that data services will be any better as most temporary masts are more for the benefit of voice calls.

The alternative to GPRS style PDQs are Wi-Fi PDQs – exactly the same machines but using a Wi-Fi network instead. These require a Wi-Fi network and a reliable internet connection to be in place and it means the network is fully controlled and transactions on the machines are much faster. There are options to rent Wi-Fi PDQs but 2-3 weeks notice is required as the machines have to be configured with the relevant banking merchant id of you or your concession operators.

4. VPN for Ticketing Systems – VPNs (Virtual Private Networks) are a method for creating a secure connection between two locations such as an event site and a central database head office or in a data centre. They are often used by ticketing and stock systems, which are increasingly being used at event sites. These can operate by Wi-Fi or over a network cable.

There are two things to watch for: 1) VPNs require good network connectivity, especially upload, which satellite and 3G provide very well. 2) VPNs often require special firewall configuration, particularly if multiple VPNs are to be used. Different wireless networks and frequencies as well as segmented wired networks are deployed by us in this situation.

Advanced planning and testing should be done to confirm that everything will operate normally at the event.

5. Wireless Management – The use of wireless equipment on event sites continues to grow at a pace – general Wi-Fi, CCTV, ticket scanning, sound systems, audio and video links, etc. all make use of wireless solutions, many of which operate in the same frequency range. Without proper configuration these different networks may not operate harmoniously. Reliable operation can only be achieved if everyone works together and early communication and coordination is key to ensure there is no interference.

Providers should be ensuring they are involved in planning at an early stage to enable smooth running.

6. Smartphone Hunting – The rapid increase in smartphone devices with Wi-Fi creates new challenges for onsite networks, even when the event network is not intended for public access

The issue is that smartphones will continually ‘hunt’ for Wi-Fi networks and when they find one they will try to connect. This creates a small load on the network whilst they negotiate a connection. The attempt to connect will not succeed, however the combined load of many devices attempting to connect can impact network performance and the user’s experience.

The solution involves using wireless equipment designed for larger loads coupled with proper network management as low end Wi-Fi routers are not designed to deal with large numbers of users.

7. VOIP Phones – Having five bars of service on your mobile phone whilst remaining unable to place a call is becoming more frequent.

Radios are excellent for quick communications on a site and for locating team members. However, for more extended conversations, which can often take place during the set-up of an event, a temporary phone system allows conversations to take place without the need to physically meet. The use of VoIP phones at events is now commonplace and demand is growing as more people become frustrated with mobile networks at events. Conference calls become achievable, allowing several team members to join the call.

8. Smartphone Apps – More and more events are now commissioning their own apps for use at events however few events are considering the full picture which is critical for success. Most of these applications (certainly the more useful ones) require connectivity at the event to get updates. Typically the mobile networks struggle with demand at events and so the user gets a poor experience and rates the app badly. Many users also turn up at the event expecting to download the app which creates further (significant) demand. One way around this is to provide a locally controlled Wi-Fi network for use by the app. Developing a useful app that will be widely used and appreciated requires early planning to best understand the layout of the site and event.

9. Public Wi-Fi Access – The increase in smartphones coupled with the massive expansion of publicly available Wi-Fi leads to more and more expectation that events will have Wi-Fi access. The costs of expanding an existing network been provided for production onsite is small when compared to the original set up costs. This public Wi-Fi network offers new avenues for sponsorship, advertising and rich content delivery.

10. On-site engineers – When designed properly from the outset, Systems should run smoothly, however unforeseen events do occasionally happen. An engineer on-site during an event will be able to respond immediately to any surprises or last minute additions.

11. Multiple Sites – Linking dispersed areas together, eg tents, access gates, car parks, overflow areas, especially if production office is away from the site itself. Outdoor events can be spread across a wide area involving multiple sites, such as car parks VIP gate areas, public seating and production.

12. Last Minute Additions/Emergencies – Connectivity providers should have the ability to respond to sudden changes, last minute arrivals and changing conditions etc. With an onsite engineer and spare equipment factored in to the estimate, a quick response is not only guaranteed but built in to the price. With so many suppliers, retailers, etc arriving just in time for the event start, you will be sure everyone has what they need to serve attendees and ticket holders.

13. Security and Accommodation of Equipment – IT staff, like us, are notoriously protective of their equipment and having a comfortable and secure environment to store their equipment and serve as an office. To protect equipment worth many thousands of pounds and to keep a happy technical team, ensure you have a separate, lockable office or Portacabin that they can shut themselves away in.

14. Treat the IT Team As Colleagues – If you choose to have on-site engineers then they’ll be working the same long hours in the same conditions as you. They always appreciate being addressed by their names, instead of “Oy, you!” and need as much coffee and food as everyone else. So don’t forget to put your connectivity providers on the list for the catering truck.

Top Five Tips For Interview Preparation

Top five tips for interview preparation

Anyone who says that they go into an interview feeling “confident of the outcome” should think carefully. A job interview may end up being an enjoyable experience, but it usually starts with you meeting strangers you want to impress and may end up working with.

A degree of nervous energy can go in your favour, but good preparation should ensure the best possible outcome for all. The old adage “to fail to prepare is to prepare to fail” is thoroughly tested in an interview.

“The interview is one part of the recruitment process that we cannot attend with the candidate,” explains Big Sky Additions’ Director Justin Murray. “So it requires a strong partnership of the candidate doing their homework and us taking time to ensure that they are fully prepared. This not only helps to ease the inevitable nerves but also ensures the client gets the best possible impression of the candidate from the start.”

Justinexplains: “We strive to meet both sides before the interview – the client to understand the role, their culture and environment, and the candidate to know their background, skills, qualifications and experience.”

Interviews can take a variety of formats: • Biographical – reviewing your CV • Competency-based – investigating your previous experience • Assessment centres – bringing all candidates together to undertake a variety of joint and single tasks.

Looking at interview scenarios and questions they can, by and large, be broken down into three main areas

1. Who are you 2. What can you do 3. What would you like to do

Here are our top tips for interview preparation:

1. Keep abreast of industry news and latest trends. “Read the local press regularly and register for online updates from websites like Accountancy Age, the FT etc,” suggests Justin.

2. Research the company carefully. “Your preparation needs to go beyond a quick browse of their corporate website and what can be found on Google” advises Justin. “The Companies House website provides the last accounts registered for the business. If anyone you are LinkedIn to or other contacts have a connection to the business be sure to pick their brains too,” he adds.

3. Prepare your interview outfit in advance, and if you do not know the dress code err on the side of caution with a formal suit. If you are told it is “casual”, go smart casual. Avoid being too trendy or dressed down.

4. Learn your CV. “It might seem obvious, but if you can’t expand on any of the descriptions in your CV then you will soon lose credibility at interview,” explains Justin. “If a recruitment consultant or another advisor has helped you to fine tune your CV then its doubly important that you are completely familiar with the content and the wording used,” he continues.

5. Practice questions. “The inevitable “tell me about yourself” might seem straightforward to answer, but a well-prepared response can give you confidence and start the interview on a very solid footing,” suggests Justin. Responses to popular questions about a significant achievement, a triumph over adversity or good team working can also be prepared in advance. “Your recruitment consultant or someone impartial, who doesn’t know you well, can play the part of the interviewer to give you a bit of match practice,” adds Justin. Don’t be afraid to give examples of where things have not gone well. “Some of our best lessons are learnt when problems have occurred. As long as you can show that you have learnt from these times, it will come across as positive in an interview situation.”

For further advice about the interview process contact Justin Murray on 01603 516230

5 Top Tips To Ensure You Get The Job You Want!

After reading our recent blog about interview preparation, you should be fully briefed when the big day dawns. “With thorough preparation, you should be able to thrive, not just survive the interview process,” explains Big Sky Additions’ director Sam Holt.

Read the 5 Tips below to increase your chances of converting your interview to a job offer:

1. Arriving at the interview. Do not be late, but also do not arrive too early. “If the interviewer has a timetable they may not want candidates meeting each other in reception,” Sam warns. Keep an eye out for the person coming to meet you: “Smile and shake hands with confidence,” Sam advises. When you meet the interviewer – let’s call him Peter Smith – address them as Mr Smith. Do not start out with first names; some people may see this as too relaxed or familiar. If he prefers to be called by his first name he will soon say, “Please call me Peter.”

2. During the interview, be positive, truthful and concise. “Listen to the question and answer it,” Sam says. Make eye contact with the interviewer: “If there is more than one person on the panel, try to direct answers to all of them, not just the person who asked the question,” he suggests. Bring any relevant material with you, and introduce as appropriate, ensuring it does not contain anything confidential from your current employer. Be positive about your current employer and why you are leaving: “If you moan and complain about them this interviewer will worry you would do the same about their business,” Sam adds.

3. Ask good questions. You need to prepare for the standard questions you will face like strengths and weaknesses, motivations etc, and expect the unexpected ones but you must think of some good questions to ask as well. This sounds obvious however often gets forgotten. Questions such as ” What qualities are you looking for in the person you are hoping to appoint?” or “What scope is there for personal development at your company?” will help ensure that you sound enthusiastic, inquisitive and that the interview flows well.

4. The $24,000 question – salary and terms. You may be asked in the interview to confirm your current salary and benefits and your notice period. Be truthful – do not inflate figures: “Your recruitment consultant will most likely have given this information prior to your interview, and if you are offered the job it is commonplace for employers to ask for confirmation of this in references,” advises Sam. Job offers are subject to references so if your current employer confirms a salary of £25,000 and you have said you are on £30,000, this could mean the offer is withdrawn.

5. Finishing the interview. You may feel you have been grilled for information. “Make sure you end on a positive, friendly note, thank the interviewer(s) for their time and if you are really keen on the job then say so!” emphasises Sam. Feel free to ask what the next step will be and the timescale.

For further advice about the interview process contact Sam Holt on 01603 516254 or email [email protected]

Car Parking – a dream or a nightmare for landlords and tenants?

We all know that parking is a valuable addition to any property. As parking becomes more and more costly, a landlord who can offer parking spaces to his tenant has a distinct advantage in today’s competitive (and tenant driven) market place. But just what is the landlord offering? And from the landlord’s perspective, just what should he be offering?

If a property is described as “with parking” the tenant needs to investigate very carefully what is being proposed. The ideal situation, from the tenant’s perspective, is for the parking spaces to form part of the premises being leased (the “Demised Premises”.) The result is that the tenant will have exclusive use and occupation of the parking spaces and the landlord cannot recover them until such time as he recovers possession of the main premises. So, a good result for the tenant, but it may not be so good for the landlord.

Whenever a landlord is considering offering parking to his tenant there are a number of factors he needs to bear in mind. Is he likely to want to redevelop the land? Does he want the car parking arrangements to be fluid and flexible, enabling him to substitute alternative spaces? Is the parking to be non-exclusive, on a “first come first served” basis?

If the answer to any or all of these is “yes” the landlord will want to ensure that the parking spaces are not part of the Demised Premises, but instead are dealt with in some other way, such as a Licence to Park, which can be revoked at any time, or by reserving the right to vary the area over which the tenant can park.For the tenant, this is less satisfactory, as it leaves the way open for the parking to be withdrawn or varied by the landlord, at any time.

Because of the value placed on parking, it is not surprising that the subject has been much litigated by both landlords and tenants. In order to avoid litigation, it is important that any lease clearly reflects what is in the understanding of both parties. Certainty for the tenant can only come from having the parking spaces specifically described as part of the Demised Premises. As this may not be so attractive to a landlord who wants to retain control and flexibility, ultimately the matter becomes one of negotiation.

Can I start a food business from home?

We receive many enquiries from people who wish to cater / prepare food from home; whether it is for a charity cake sale, or whether for a community lunch, or just as a small business.

If you start preparing food or baking from home – what would you need to think about?

Well in essence the food you provide needs to be safe for the consumer. It must be free from any contamination that could make the person consuming it ill or cause them harm (think glass &/or bacteria) So let’s start with your Premises – The where you will be preparing food– most well designed and maintained domestic kitchens will conform to Food Safety requirements- maybe with a bit of tweaking- say removing the odds & sods that accumulate and not doing the domestic washing at the same timeFloors and walls Floors and walls must be maintained in good condition. They must be easy to clean- so tiles work well. Essentially floors and walls should be smooth, hard-wearing, washable and in a good state of repair- so they can cope with the extra usage and cleaning!

Windows & Doors– openings to the outside Windows and doors must be easy to keep clean, and while you are preparing foods they should be closed- so we do not flies & other floating debris joining the food processSurfaces Surfaces (including the surfaces of any equipment you need to use) in areas where food is handled, particularly those that are touched by food, must be maintained in a good condition and be easy to clean and to disinfect.You should: • Always disinfect (think anti-bacterial spray & a clean cloth or kitchen roll) worktops before you start preparing food • Wipe up any spilt food straight away- especially foods like raw egg • Always disinfect worktops thoroughly after they have been touched by raw food including meat, poultry, soily vegetables or raw eggs • Never put ready-to-eat food, such as washed and ready to eat salad, bread or washed fruit, on a worktop or chopping board that has been touched by raw meat or other raw foods, unless you have disinfected it thoroughly first- this is cross contaminationHand Washing When you are using your kitchen for ‘commercial’ (preparing for others) purposes you need to have a separate hand basin in the kitchen for washing your hands. Hands are the easiest way for bacteria to be transferred from one food/ surface to another. Your hands need to be washed thoroughly after going to the toilet, putting the bin out, touching raw foods etc. If you have a double sink you could say one is the wash hand basin, or if you have a dishwasher use that and keep the sink free; or if you have a downstairs loo with basin close by- keep that free for your use!We have a hand-washing poster in our knowledge section of the website Other personal hygiene requirements; • Clean clothing underneath your apron • Jewellery kept to a plain wedding band style ring only • Hair tied back if it can be • Not preparing food when you are not feeling well • Covering cuts with a waterproof dressing • Short nailsStorage of Ingredients You should to store your ingredients away from your personal foods to help eliminate the risk of cross contamination and help prevent unwanted allergens in to your food. It would be best to have a separate area and fridge where your ingredients can be stored and prepared. Or if you do not have the space separate containers; for small amounts of preparation you can buy the ingredients and use them straight away! You will also need to store the finished product safely where it cannot be contaminated

Process- the how you are preparing food If you are setting up a small business then the easiest safe system of work method you can follow is the Safer Food Better Business which has been produced by the Food Standards Agency to help small businesses with their food safety management procedures and food hygiene regulations. https://www.food.gov.uk/business-industry/caterers/sfbb/sfbbcaterers/#.Uh… When you are buying your ingredients make sure you are using a reputable supplier (This could be a supermarket, a local farm shop or a wholesaler). This will ensure that the goods you’re buying are as safe as they can be You need to make sure you keep all animals/pets out of the kitchen when you are preparing and cooking your foods; as they can contaminate the food. Also all non food related items should be removed- the laundry, the pile of bills, the kids toys/ homeworkTraining Before you start your business you need to make sure that you understand all food safety aspects. It is a legal requirement for all members of staff working in a kitchen to have suitable food safety training- the law says commensurate with your duties! We recommend that all staff have a minimum of the Level 2 Award in Food Safety. Level 2 training gives you the understanding of all basic food hygiene matter- you can do this course with use via eLearning or via a taught course; check our website for further details www.redcat.gb.com eLearning is available at anytime, and we deliver a taught Food Safety course at least every month.Registering Before starting you business* you must register your home address with the Council as a food business. This is free and there is a simple form to fill in, but it is a legal requirement and you can be prosecuted if you do not register before starting. The form must be returned to the council 28 days before you begin trading. *If you intend to prepare food for 5 days in any five weeks you should be registered – small scale baking for charity sales will not need to be registered. Even if you are not registered you still need to comply with Food Safety Guidelines

Insurance If you are not sure which insurance cover you need, this should help you; Public liability insurance – will cover the cost of a claim if a customer or member of the public is injured or killed, or if their property is damaged because of your business. If you cater in different venues they will expect you to have an appropriate level of public liability cover. Employers’ liability insurance – if you hire staff, even casual or temporary workers, you must have employers’ liability cover by law. It will pay the cost of a claim from an employee who has been injured at work, or who has become seriously ill as a result of working for you We would suggest you contact Hugh J Boswell at https://www.hughjboswell.co.uk/ if you are unsure – generally it really is a small price to pay for peace of mind. NB. Some household insurance policies may contain this – so it is wise to check

Transportation, Packaging & Labelling This is the bit that takes place out of the confines of your home – if you are transporting food, it needs to be done without it becoming contaminated; sealed boxes/ tins work well. In some cases you will need to individually package foods.

It is wise to ensure that the consumer is aware of the ingredients; you could design a label, or send the food with an ingredients sheet; so that persons with Allergies, intolerances and dislikes can check- we all follow different recipes so it’s important for some people to know!Trading standards – do have a number of different information leaflets

For foods such as meat products, it would be wise to include a note to say keep refrigerated and use by….. We would suggest that your use by is only 3 days including the date of preparation; you product needs to be eaten when it is fresh and safe- and it does not contain the umpteen chemicals that shop produced food can to give it the long shelf lives we see in supermarkets! Protein Foods can be displayed for one period of up to 4 hours out of temperature control. This one period may be you transporting the food unless you use a cool bag.

With respect to Allergens the Food Standards Think Allergy poster is in the knowledge section of the website. It is imperatively that if someone has an allergy and they want to consume the food you have produced that they can ask you about the ingredients you have used, or if you are not going to be present when the food is bought- then include an ingredients label or information sheet (dependant on the event) ‘Made by Sarah D- this cake contains walnuts and a cream cheese filling’ Packaging; the amount of packaging will depend on where the food is being sold/ displayed; on a cake stall for charity- a cake stand or open tin may suffice, or you may need to individually wrap; but all packaging must be food grade, and you must prevent any contamination of the foods Many people wrongly believe that they cannot prepare food from their domestic kitchen- I hope this blog helps to dispel those myths; and with a bit of planning the food you produce for sale, for a community project or for a charity coffee morning will be safe as well as enjoyable

For further information;

Your local Environmental Health Departments may also have leaflets/ guidance. As does the Food Standards Agency www.food.gov.uk and specifically on setting up a food business https://food.gov.uk/multimedia/pdfs/publication/starting-up-booklet.pdf