Personal Guarantees from Directors of Limited Companies in a Business

Secure yourself and your business with a Personal Guarantee from Directors of Limited Companies


Most people starting out in business do not realise that any business transactions that they engage in with a Company or partnership with limited liability can leave them exposed and in debt.

Doing business with a Limited Company or limited liability partnership is only worth as much as the company is worth and consequently if the company fails and is closed down, the Directors of the failed company may escape all liability and walk away, leaving you holding the debts or unfulfilled promises, often promises for which you may have already paid and received no goods or services in return.

It is therefore vital that you secure yourself and your business with a Personal Guarantee from the Directors of the other companies with which you do business.

What is a Personal Guarantee?

A Personal Guarantee is a secured promise from an individual or individuals to make payments or deliver products and services when their business is not able to do so. The promise is usually backed up by an asset for example: a house or some other form of real property.

We can advise and assist you to obtain legally enforceable personal guarantees from one or more directors of any Limited company or LLP company that you have dealings with. Therefore, in the event of a dispute or debt recovery matter, you will have protected yourself and your business with a personal guarantor against whom you can enforce the debt personally. This may involve taking a charge over their home property or something similar and will guarantee you at least some compensation in the event their company fails.

For Further Information please call 020 8401 7352

Security of Tenure, Commercial Leases and Property


Security of Tenure and Commercial Leases and Property

When taking a new lease of commercial property, one of the conditions that is sometimes imposed by prospective landlords is a request for you to “opt out” of the protection provided by Part 2 of the Landlord and Tenant Act 1954.

Some landlords will try and sneak this into the lease so unsuspecting prospective tenants who are not represented by a competent legal adviser may not realise what they are signing before it is too late.

All too often, even when you are represented by a solicitor, the landlords will not mention this until the very last minute before exchange and completion, wagering on the probability that most tenants will at that point be so exhausted with the negotiations process that they will invariably capitulate and agree the proposal.

Worse yet, sometimes the only alert you may receive to the fact that your landlord is removing the protection afforded by the Landlord & Tenant Act 1954 is contained in the formal notice your landlord serves on you.

Many people fail to recognise the importance of this before signing a new lease.

Opting out of Part 2 protection has huge significance for tenants and is a step which must not be taken lightly at all. It is therefore one which should only be agreed with full knowledge of the protection that is being given away.

Often this loss of protection will serious impair and reduce the value of your business, should you ever decide to sell your business in the future.

Under Part 2 you are given “security of tenure” of your commercial lease. Put simply, if you have a fixed term lease then when it ends your landlord must grant you a new lease on similar terms.

You can then continue your business in the same location. You have the right to demand that your landlord grants you a similar lease.

By signing an opt out of Part 2 when you take on the lease, you give away your security of tenure.

The result of this is that when your lease ends, your landlord is legally permitted to ask you to leave the premises and refuse to give you a new lease. If your business has been built on being in a specific location then moving will be a problem to you.

Also if you decide to sell the business during the term of the lease, this restriction may well adversely affect the value of the business as the new owner cannot be sure that they will obtain a new lease at the end of the current lease.

Additionally your landlord could insist you pay a much higher rent before granting you a new lease.

This places you in a very weak negotiating position.

In summary you should never agree to opt out of Part 2 protection lightly and certainly not without fully understanding its effect.

Always make sure you are legally represented in commercial lease matters, otherwise you could end up paying a far higher price for signing something that you do not fully understand.

If you are contemplating or negotiating a lease for a business or simply want some advice, as specialist commercial property solicitors in London we are best suited to assist you.

Telephone us on 020 8401 7352 to arrange an appointment or email us at with your question.

Text Spammers Fined by Information Commissioner’s Office

Text Spammers Fined by Information Commissioner’s Office

The Information Commissioner’s Office today fined the owners of a marketing company £440,000 after they bombarded the public with millions of unwanted spam text messages.

The Information Commissioner’s Office used its powers to fine for the first time after the men breached the Privacy and Electronic Communications Regulations that came into force in January 2012. The Commissioner’s office is now considering more fines for 3 other companies as it continues its crackdown on the illegal practice of spam texting.

Today’s fines followed an 18-month investigation into the activities of Tetrus Telecoms, jointly owned by Christopher Niebel and Gary McNeish.

In May 2011 it was reported to the ICO that the company was sending huge volumes of unsolicited texts from offices in Stockport and Birmingham, without the consent of the recipients and without identifying the sender. The texts were largely related to personal injury and supposed PPI claims. The texts were designed and written in such a manner as to get the recipient to contact the sender, believing that the recipient was entitled to some sort of compensation. Many of the texts suggested blatantly that compensation was waiting to be claimed and could be worth thousands of Pounds.

The ICO’s investigation included raids at the company’s Stockport premises, in August 2011, and the Manchester home of Niebel, in February this year.

The evidence obtained showed Tetrus was using unregistered pay-as-you-go sim cards to send out as many as 840,000 illegal text messages a day, generating income of £7,000 – £8,000 a day. Niebel was ordered to pay a penalty of £300,000, while McNeish has been fined £140,000.

Information commissioner, Christopher Graham, said: ‘The public have told us that they are distressed and annoyed by the constant bombardment of illegal texts and calls and we are currently cracking down on the companies responsible, using the full force of the law. In March we set up a survey on the ICO website so people can tell us about any unwanted texts and calls they have been receiving. So far we have received over 60,000 responses. We know the majority of these messages and calls have been made by companies who try to remain anonymous in the hope they can profit by selling personal information to claims management companies and other marketing organisations.’

What does the law say?

The Privacy and Electronic Communications Regulations 2003 cover the way organisations send direct marketing by electronic means, including by text message (SMS).

Organisations cannot send you marketing text messages you didn’t agree to receive, unless:

  • the sender has obtained your details through a sale or negotiations for a sale;
  • the messages are about similar products or services offered by the sender; and
  • you were given an opportunity to refuse the texts when your details were collected and, if you did not refuse, you were given a simple way to opt out in all the text messages you received.

The Regulations do not cover marketing text messages sent to business numbers.

What can I do to avoid unwanted texts?

  • Be careful who you give your telephone number to.
  • Don’t advertise your telephone number, for example by putting it on the internet.
  • Check privacy policies and marketing opt outs carefully. Use them to tell the organisation not to contact you by text.

Find out what the ICO is doing about spam texts 

Thinking About Divorce

Thinking about and Deciding On Divorce


Thinking about and deciding on divorce is a huge decision to be making. The mere thought of a divorce brings on thoughts of panic and doom and many people take these out on themselves. It is important though to understand that thinking you want a divorce does not make you a bad person, even though the feeling may be very negative. It is an unfortunate reality that many couples discover after often long periods of time spent living together that they are simply not compatible, for one reason or another. Sometime the reasons for incompatibility are starkly evident and yet often they are fudged and blurred.

You may find yourself pondering on the past or worrying about the future or worse yet, worrying about what everyone else will think about you when they hear you are divorcing. But in reality, none of these are factors that should be occupying much of your attention. After all, as we all know, life goes on, no matter what happens.

Experience has shown us that all sorts of relationships break down. We recently assisted a 79 year old couple to get their divorce after 43 years of marriage. You may wonder why they would bother after so long, but the fact remains that there is always a straw that breaks the camels back and unfortunately this married couple had breached that straw. The fact that your marriage has reached this stage is not something that you should be beating yourself up over. Legally, in England & Wales, getting a divorce is relatively straightforward, at least in law it is, and so long as you live in this country, you can take advantage of these laws, you don’t need to be British.

A Expert Solicitor Can Help To Make This Difficult Decision

The fact is that You are reading this article for a reason. Simply put,  you have been thinking about divorce for one reason or another. You know you want a divorce, but making that decision to make it real, the decision to actually book an appointment and see a solicitor is just daunting. You may wonder how the lawyers will judge you! The good news is that good solicitors and lawyers have learnt never to judge a client. We are not here to judge people, we simply carry out their work for them and advise them of what is best for them, depending on what they hope to achieve.

Thinking about divorce often results in a lot of ‘inward self-reflection’. You may not know this yet, but you tend to judge yourself far more harshly than anyone else does. You are an expert at driving yourself into a rut and making yourself feel worthless. These abilities were conditioned into you as a child. If you have children with your partner then you will probably make yourself feel even worse. You will convincing yourself of all sorts of things, for the sake of the children. But the real fact remains that children need a happy healthy family environment and if you and your spouse are constantly bickering, that is far from ideal for a healthy upbringing for any child. Added to this might be lots of over heated feelings; perhaps anger, frustration or worse yet, a sheer desire for retribution. But bear in mind that ‘revenge is a dish best served cold’. Divorce is rarely the time to extract revenge from your partner or raise the stakes to a huge court room battle. A good lawyer will always help you obtain your divorce with the minimum of hassle and tussle. What you do with your new life after your divorce will then be all up to you.

When deciding on choosing a solicitor to help you with your divorce matter, you will need someone you can communicate with comfortably. After all, you might be discussing some very sensitive ‘secrets’ and you want to be sure that these are received compassionately and where relevant, that they are integrated into your case effectively and sympathetically.

We have extensive experience of representing people with all sorts of backgrounds and matrimonial issues and we do this compassionately and sympathetically. If there is one thing all our client’s agree on, that is that we are very approachable, very helpful and unequivocally discreet. We will never push you into making any decision to divorce, one way or the other. What we will give you is honest frank advice about how the process works, what you can expect from us, the court and the law in general and what the outcomes will be. We will give you clear information on what it will cost you and how long it will take to get a divorce and then we leave you in peace to make your decision, whether that takes a few minutes or a few years.

To book an appointment to discuss your proposed divorce call 020 8401 7352 today.

Divorce and Religion

Divorce & Religion

We often read in the press about politicians or religious figures complaining that  that getting a divorce has been made too easy. But that is certainly not the view of divorcing couples. No matter how straightforward the law gets, the fact remains that getting divorced is a stressful experience for anyone. Let’s face it, nobody divorces for fun!

It is made all the more complicated when your divorce lawyer fails to acknowledge the importance of your religious faith. The fact that you find yourself in the unenviable position of having to get divorced does not in itself solve what can often be complex religious issues that surround the marriage. After all, most people still get married in a church or mosque or synagogue or indeed some other place of worship. Notwithstanding differences in the marriage, people still have their faith and often they find themselves at a cross-roads between honouring their religious convictions or following their heart. This makes the divorce process all the more painful for people in this situation. Unfortunately or fortunately, English law makes very little allowance for religious convictions in divorce.

Only last week I dealt with a devout Catholic man who despite knowing that his marriage was at an end, and that the only real remedy was a divorce, was nevertheless faced with this painful decision which went against the fabric of his religious faith. Luckily, I was able to find him a solution in the form of a Judicial Separation which meant that he could effectively legally separate from his wife whilst still maintaining a thread of marriage to appease his church. Of course a Judicial Separation means that the marriage is “sort of” ended but not legally and remarriage is therefore not possible.

In the Islam there are very serious issues to be faced. Often complications arise as to who can start or conclude the divorce proceedings. Even more often we are approached by Muslim women who know that they can obtain their legal divorce through the courts but it is all the nore important for them to obtain their Sharia divorce. These issues get even more complicated when all too often the parties to the marriage, although British passport holders at the time of the divorce, actually married in a Muslim state like Pakistan.

In the Jewish faith the Get  is similarly important! If not obtained, then remarriage within the faith is not possible. There are also   likely to be serious consequences for the children.

It is therefore vital when divorcing that you ensure that your solicitor can accommodate your religious views within the proceedings. Luckily we at Mansouri & Son Solicitors have years of experience in dealing with all sorts of complicated religious commitments and devotions and we are experts both at understanding your needs and relaying these to the courts, especially relation to the financial aspects of the divorce and matters affecting children.