ISSUE #1 SPRING 2012 JORDANS SOLICITORS OPEN NEW OFFICE IN HORSFORTH Jordans Solicitors are delighted to announce the opening of our new office on 9 Kerry Street in Horsforth from 30th January 2012. This move compliments and strengthens the legal services which we provide from our existing offices in Dewsbury, Wakefield and Castleford. We are especially delighted to be able to support the Horsforth business community as well as offering expert advice to individuals from the local area with the convenience of not having to go into the centre of Leeds. We are a modern and energetic mixed practice law firm, serving both the business community and private individuals across a broad range of specialisms. An energetic and accomplished Partner heads each department; many of the team are members of specialist bodies within their particular field – providing the highest quality legal services. We are looking forward over the coming months to introducing ourselves to the Horsforth community and demonstrate to you our legal services. In the meantime if anyone would like to contact us on 0113 2586 307 we’ll be delighted to take your call. Why should I bother granting a lease? With the economic recession still gripping the country some to flourish and give the landlords the security of knowing parts of the region have plenty of available commercial their tenant is contractually committed to your unit. property up for let, often at very reasonable rents. Landlords can specify what business activities are to take Landlords are keen to fill their properties and many find place at the premises which can be good if a landlord that prospective tenants drive a good bargain on the rent occupies a nearby unit (you don’t want your tenant and other terms. Often tenants want flexible terms and competing against you by running a similar/same type of short lettings whilst they try their hand at a new venture. In business to yours) or if you own a few units in a street. these types of situations it is easy to skip issuing a lease to Changing the use of the premises requires the landlord’s save on the cost of having one prepared. permission, as does subletting the premises to someone else. But is this a good idea? The answer is no. If your tenant is going to want to stay in your premises for Leases protect both the tenant and the landlord. They set a longer period, your lease can specify who is to carry out out the rent that must be paid, allow landlords to review the repairs at the premises and when a tenant comes to leave, rent at regular intervals and charge interest on late paid you can make sure the building is left in a good state of rent. They set out the fixed term for the lease giving repair and condition making it easier to let out again to a tenants security of occupation should their business begin new tenant. [email protected] The main problem with having no lease in place is the state of mind this often gives to tenants. Because they have not been asked to sign anything confirming their occupation of your premises this can often make them believe the terms are flexible and that they are not tied into the premises in any way. It can give your tenants the wrong impression. When it comes to protecting your rights it is always better to have a lease in place and can save you the time and money when you come to enforce payment of rent arrears. If you would like to discuss the issues raised in this article further please contact Susan Lewis at [email protected] COMPLIANT COOKIES! WHAT SHAPE ARE YOU IN? If you think we’re asking about your New Year fitness be deemed to be personal data and must then comply regime you may need some help. We’re actually with the requirements of the Data Protection Act 1998. referring to small text files implanted by an online provider (eg. A website operator or an online advertising network) 2 Identify what type of cookie you’re using. Persistent on the hard disks of visitors to the site (often without their cookies (which stay on a user’s hard drive between knowledge). These files can be used to collect sessions) are more likely to be more privacy intrusive information about that visitor including their names, than session cookies (which expire at the end of a user’s addresses, email details, passwords and user preferences. session) Although this information may not on its own identify an 3 Check the lifespan of your cookies. Maybe the lifespan individual, when aggregated with other information held of a cookie is excessive when you consider its purpose by the online provider or a third party, it may do. and could be shortened. Why do they matter? 4 Are you the only party using cookies on your website? The Information Commissioner (‘ICO’) who is responsible Sometimes website operators allow cookies to be set by for implementing and enforcing the Data Protection Act in third parties in order to target online advertising or to the UK has decided that Cookies can only be used if the analyse site traffic. Check with your third party users to user has: see what cookies they are using and why. • been told that they exist Now what do you do? • been given clear and comprehensive information Check your Privacy Policies to ensure you are giving about the purposes for which the cookie is stored accurate and up to date information to your users about and accessed; and your cookies. Depending on the number and type of cookies • given his or her consent. used your explanation can be either broad or specific. Although this legislation came into force in May 2011 the Flag your cookies ICO acknowledged that website operators faced considerable technical, legal and organisational challenges Bring them to your user’s attention. This is the hard bit. You in complying with the legislation and so confirmed he don’t want to distract your ‘users’ from their browsing. The would allow a lead in period of 12 months for organisa- ICO has suggested a few ways this can be done: tions to develop ways of meeting the new requirements. Prominent Links – set up Organisations have until May a separate webpage with 2012 to get into shape and if a prominent link to it at the they fail to do so then the ICO header of each page of the will start to use its enforcement website providing users with powers to compel organisations easy access to the information to do so. and a clear explanation eg. Information about our cookies. Count your cookies! Cookie Icons - use an easily In addition you need to: identifiable, clickable icon to link 1 Identify what data each cookie to the information about holds and confirm whether the cookies and make it cookie is linked to any clear that the icon other data you relates to cookies. hold about Short Term – use the user. If links or blogs with a it is linked to link to your cookie other informa information page. tion it could Dewsbury Office 01924 457171 Wakefield Office 01924 387110 Castleford Office 01977 518778 Horsforth Office 0113 258307 Ask for consent - before the cookie is set! Remember, only needed for non essential cookies. The ICO has suggested that this can possibly be done using: Jordans Solicitors • Pop-up windows or splash pages containing tick boxes Debating Competition 2012 (be wary as some users block pop ups and splash pages) Following the heats • Static information banners containing tick boxes. Can held in November at you simply consent if a user fails to tick the box? The Jordans’ new jury is out and further guidance is being sought. Wakefield office • Terms and conditions and Privacy Policies? Possibly but teams from this is still implied consent. Website Operators must Wakefield Girls, bring the attention of users to changes to their terms. QEGS, Silcoates and Osset Academy all Third party cookies? got through to the • Features and users’ preferences where it is possible for a semi finals which will user to personalise their view of a website. be held this • Browser settings is one to watch in the future. At the February. moment default setting cannot be relied on. The event was open It will be hard for the third parties to all who are placing cookies on users’ sixth form equipment through a website that colleges and schools in they do not operate themselves to Wakefield. 5 schools entered teams: obtain consent and they will need to Ossett academy, ensure that the website operator will St Wilfrid’s Catholic High School, obtain consent on their behalf. Silcoates School, Wakefield Girls High To assist you with this minefield and School and Queen Elizabeth Grammar to discuss the options available to School. you please contact Cathy Cook at The competition has been supported by the cathy.cook@jordanssolicitors. English Speaking Union who have organised co.uk judges from Leeds University Union Debating Society. The final will be held in March. GOOD NEWS! Stephen Proctor, Jordans’ commercial team successfully bid for inclusion on Partner and Cathy Cook, Head of to the City of Bradford Metropolitan District Council’s Company and professional services business support programme which Commercial the Council is running under its ‘Rising Stars’ brand. Part of Department will the funding for the programme is coming from the chair the European Union’s Regional Development Fund and is proceedings. available to new start up businesses as well as established businesses located in the Bradford District.