When hiring people, employers often stick to such a thing as a probationary period. The main purpose of this duration is to analyze candidate’s suitability for a job, see the difficulties that may arise, and decide whether to sign an employment contract with this person. As well as any cooperation, the probationary period has regulations on which both parties have to mutually agree in the contract.  

Probationary Period Agreement 

The information according to the probationary period is usually included in the employment contract. There should be outlined such things as its duration, performance standards, scope of work, evaluation process, termination notice period, etc.  

There is also the option of signing a fixed-term internship contract that slightly differs from the probationary period employment contract. The primary purpose of this document is more educational, as training may be applied after accomplishing which the person will be able to get a specific role.  

In a situation when the employer isn’t sure about the candidate’s abilities, particularly if he or she has no professional experience, a test assignment agreement is often used. It is focused on specific tasks the candidate is considered for. 

How Long Is a Probationary Period? 

The duration of a probationary period often varies between 3 and 6 months. It’s generally recommended to stick to this timeframe as courts rarely accept probationary periods exceeding 6 months. 

For employees changing roles within the same company, a probation period usually lasts no more than three months.  

Scope of Work 

During the probationary period, employees typically perform the regular duties associated with the position for which they are hired. Employers may provide additional training and support during the probationary period to help people adapt better.  

Termination Notice during Probation Period 

There is no minimum termination notice during the probation period. However, a minimum statutory notice of 1 week applies as to 1 month of work, even during the probation period. This rule is relevant for both parties. In certain situations, such as gross misconduct, the employer has the right to terminate the employee without providing notice. Nevertheless, in most cases, the standard statutory notice requirements are applicable. 

To avoid legal compliance issues, as well as unfair dismissal claims, AdminTech suggests: 

• Deciding on the contract to use during this period. As we’ve mentioned before, oftentimes employers choose to include probationary period details into the employment contract. However, there is also the option of signing a fixed-term internship contract, or a test assignment agreement.  

• Encouraging fair treatment and regular performance evaluation meetings. 
• Determining whether the legal document covers relevant points according to the duration of the probationary period, performance standards, scope of work, evaluation process, termination notice period, etc.  

You can always use our fixed-term internship, test assignment, or employment contract templates to ensure legal compliance with the regulations you specify in your document.  

Subletting is a rental arrangement in which a tenant leases either the entire property or its part to another individual, referred to as the subtenant. The terms regarding subletting are typically covered in the tenancy agreement. The clause may either explicitly allow or prohibit subletting, or it might also require the tenant to obtain written permission from the landlord before subletting. When the contract says that the tenant needs the landlord’s consent, the landlord can’t unreasonably refuse the request to sublet. 

Please note that some tenancy agreements have no clause on subletting. In this situation, the regulations are the next: 

• Tenants with periodic tenancies must get the landlord’s written permission, and landlords can refuse for any reason whatsoever. 

• Tenants with fixed-term tenancies can sublet without the landlord’s consent. 

Subtenant Rights and Responsibilities 

Under the subletting agreement, the subtenant has the same rights and obligations as the original tenant, being entitled to the same services and facilities, including access to common areas.  

Therefore, the sublease agreement should include the same terms and conditions as those stipulated in the initial tenancy agreement. This covers details such as the rent amount, the duration of the sublease, and any other relevant requirements.  

The subtenant is responsible for paying rent to the primary tenant as well as for adhering to the terms and conditions outlined in the sublease agreement. Sometimes, the subtenant may be required to pay a security deposit. 

The landlord is typically not accountable to the subtenant since this person isn’t part of a lease agreement. Exceptions may arise if the landlord directly accepts payments from the subtenant. 

Tenant Rights and Responsibilities  

General rights that a primary tenant has in the situation of subletting include: 

• Subleting all or part of the property. 

• Collecting rent from the subtenant as agreed upon in the subletting agreement. 

• Occupying the property according to the rules outlined in the tenancy agreement. 

A primary tenant has a financial responsibility towards the landlord. Consequently, if the subtenant fails to fulfill their rent obligation or causes any damage, the liability will be on the primary tenant.  

Landlord Rights and Responsibilities 

The landlord obtains the same rights and responsibilities that are outlined in the tenancy agreement that has been established with the primary tenant.  

Please note that the landlord may face penalties in case where the tenant sublets a property to too many people, resulting in a qualification of a House in Multiple Occupations (HMO), in which case the landlord must comply with the HOM regulations on licensing and minimum room sizes. 

AdminTech Recommends 

To avoid rent collection issues, as well as disputes over who is responsible for damages, we recommend that landlords: 

• Receive payments and deposits from the primary tenant to avoid any direct liability towards the subtenant. 

• Regularly inspect the premises for any sign of illegal subletting: 

1. Multiple occupants 

2. Extra belongings 

3. Tenants receiving mail for people who don’t live at the property 

4. Unfamiliar people entering and leaving the property 

5. Tenants frequently absent or avoid letting you in the property for inspection 

6. Public registration of business at the address of the leased premises 

7. Complaints from neighbours or authorities. 

• Carefully examine the terms and conditions of the proposed subletting agreement and the file of the proposed subtenants. 

If you are a private or commercial tenant, we encourage you to: 

• Request a guarantee and liability insurance from the subtenant, ensuring that the provided assurances are equivalent to those granted to the primary landlord. 

• Examine the subtenant’s file, particularly their financial situation. 

• Consider the subtenant’s family situation to avoid their right to request an extension of the subletting. 

• Notify your landlord and ask him or her to send you the sublease agreement and all the information you need to obtain this agreement. 

• Ensure that the sublease notice period aligns with the notice period specified in the main lease.  

If you don’t anticipate returning to the same premises, consider opting for a lease assignment. 

A lease assignment is a situation when an original tenant (assignor) transfers his or her lease to a new tenant (assignee). The landlord expects the new tenant to meet the same expectations as previously set for the assignor.  

Consent of Landlord 

Most leases require the landlord’s written consent before a tenant can assign their lease to another party. The landlord may have the right to approve or reject the proposed assignee if the new tenant does not meet the terms set out in the initial lease agreement, in particular: 

• Financial status and proof of solvency. 

• References, such as statements from previous landlords. 

• Proposed use of the premises. 

• Likelihood of requesting alterations to the building or works.  

If the contract allows lease assignment but the landlord refuses without reasonable grounds, he or she may be liable to pay compensation to the existing tenant. Refusal based on matters outside the lease is generally unjustified, for example: 

• The landlord argues that the tenant will affect the letting of other properties in the vicinity. 

• The landlord argues that the tenant will affect the letting of other parts of the building of which the said letting forms a part only 

• The landlord wants repossession 

• The landlord wishes to withhold consent on discriminatory grounds, such as race, sex, or disability. 

The landlord may also request a new deposit from the assignee before consenting to the assignment of the lease. 

Lease Assignment Liabilities 

Please note that the assignment of a lease to a new tenant does not automatically exempt the previous tenant from all his or her obligations. The assignor is usually required to sign an Authorised Guarantee Agreement which requires him or her to cover any rent and damages of the new tenant, but not any future tenant after him.  

Landlords, in their turn, can only claim payments of rent within six months of the money being due provided that a complete notice has been served to the previous tenant. 

Lease Assignment Cost 

The lease assignment may be gratuitous or for a certain price that is applied to offset any cost difference: 

• The assignee usually pays a price to the assignor if the rent is below market rate. 

• The assignor should pay the assignee if the rent is above market rate. 

Neglecting the rules according to lease assignment may result in legal consequences. The original tenant or the new one may have legal grounds to take action against the landlord. We want to share with you some legal tips that will help to avoid such an unfortunate situation:  

• If the tenant presents you with an assignee, examine their financial and personal situation carefully to make sure that you have reasonable grounds to refuse, if you wish. Request necessary proof from the existing tenant. 

• Make sure not to base your refusal on grounds outside the actual property leased, or on discriminatory grounds against the new tenant. 

• Request a new deposit from the assignee or make sure that the assignor concludes with a transfer of deposit to the assignee. 

If you are a private or commercial tenant, we encourage you to: 

• Check to whom the security deposit will be returned and remember to ask the new tenant for the corresponding payment when transferring the deposit to him or her. 

• Make a thorough assessment of the new tenant’s file and creditworthiness, because promises made by the new tenant are not binding on the landlord. Everything must be proven by objective documents and facts. 

• Remember to draw up an inventory of fixtures and fittings when you leave so that you can clearly define which damages and repairs are your responsibility and which are the responsibility of the new tenant. 

• Don’t confuse the lease assignment with subletting. 

A lease termination is a situation when a landlord and a tenant have decided to end their rental agreement. It can occur for different reasons, however, has always to adhere to the legal requirements for lease termination that are outlined in the lease agreement.  

While leases vary according to the duration, the rules of termination also slightly differ. Still, some of them apply to all types: 

• The rental of parking spaces or garages, including other outbuildings, rented with the building, follows the same rules as the termination of the building itself, unless the rental is made separately. 

• The lease may be terminated by transferring it to a third party (assignment of the lease), with the prior agreement of the landlord. 

• The landlord has the authority to terminate the lease in advance for valid reasons, as specified in a resolutory clause in the contract that allows immediate termination in the event of significant breaches. 

• In a commercial lease, the tenant generally has a right to security of tenure, that is a right to remain in property after the lease has ended. But the lease may be “contracted out” of security of tenure provisions by a simple or statutory declaration. 

Fixed-Term Lease Termination 

A fixed-term lease lasts for a specified period. The contract automatically ends after the last day of the set term. 

When the fixed-term lease comes to an end, 3 options can be used: 

• Sign a renewal agreement for a new fixed term. 

• Let it become a rolling or a periodic tenancy. 

• Leave the tenancy. 

Open-Ended Lease Termination 

An open-ended lease is concluded without a time limit. Its termination depends on the document type. 

• A commercial lease is concluded from 1 to 3 years. The notice period is commonly tied to the lease length, such as 1-3 months for a 12-month lease or 3-6 months for a 3-year lease. Additionally, it is possible to stipulate a minimum duration, with any notices becoming applicable only after that specified period. 

• A residential tenancy agreement typically ranges from 1 to 3 years. Termination notice periods vary from 2 to 12 months, with the provision of a minimum duration (not less than 6 months) during which the termination notice can’t be issued. 

• A parking licence agreement can be terminated at any time with a one month’s notice if the rent payment period is monthly, respectively one week’s notice if the rent is weekly. 

Sale of Leased Property 

If the landlord sells the leased property, the tenant’s interest in the property does not automatically become null. The lease is continued with the new owner, under the same terms. The buyer has to adhere to landlord responsibilities and may evict the tenant by respecting the law as well as the signed lease agreement. 

Landlords or owners letting a property that want to avoid legal consequences and maintain a positive landlord-tenant relationship should stick to the following recommendations: 

• Decide whether you would like to rent out the property for a fixed term or on a renewable basis and attach termination rules according to the document type. 

• Include a break clause for early termination. 

• If you don’t want the tenant to continue occupying the commercial premises after the set end date of the lease, make sure the tenant declines the security of tenure and waives the right to lease extension. This can be done using the Notice to Waive Security of Tenure. Please ensure that this document is signed at least 14 days prior to the lease signing. 

• Consider whether to include the lease of the car park, furniture, or other outbuildings in the same contract to enforce the same cancellation rules, or in a separate contract. 

• Promptly respond to any tenant complaints and assess their nature carefully so that an amicable solution can be found, that is much better than being notified of immediate termination, often accompanied by a claim for damages. 

When it comes to a private or commercial tenant, this person should: 

• Check the lease renewal clauses, as they may specify a longer notice period for termination than required by law. 

• Examine whether the lease of the car park or other outbuildings is made in conjunction with the main lease, or whether it can be terminated separately, with a shorter notice period. 

• Consider carefully whether you wish to terminate the lease due to defects and assess whether the defect is of sufficient severity. Other remedies may be available, such as rent reduction, and intervention for repairs or damages. 

Please note, as information about lease termination is typically covered in a lease agreement, this document should be established in the right way. For this, you can take advantage of our legal lease agreement templates and adapt them to your needs.  

The field of quotations and estimated prices in United Kingdom is vast and can raise many questions for readers. In this article, we will address a number of questions of interest to the reader, providing detailed and relevant answers. We will explore how quotations work, their importance, the different types of quotation, the factors that influence estimated prices, and finally give some advice on how to obtain accurate and reliable quotations. 

What is a quotation and why is it important? 

A quotation is a document issued by a professional or company estimating the cost of a service or product requested by a customer. It generally includes a detailed description of the service or product and the corresponding price. An estimate enables the customer to know in advance the budget required to complete the project and to compare offers from different service providers. 

Estimates are also important from a legal point of view, as they can be used as evidence in the event of a dispute. In United Kingdom, estimates are often used for certain types of work and services, particularly those carried out by building professionals, tradesmen, architects, plumbers, etc. An estimate can also be provided for IT services, removals, medical services, etc. 

What are the different types of quotation? 

There are different types of quotation, depending on the sector of activity and the project envisaged. Here are the main types of quotation: 

1. The standard quote: this is used in many sectors and generally includes a detailed estimate of the work, products or services required. This type of quotation is appropriate when the service provider can accurately assess the total cost of the work to be carried out. 

2. The estimate: this provides an approximate cost of work. 

3. Price range: this provides an approximate price range based on the information available. This type of estimate is often used when the project is complex and requires an in-depth study. Legally, it is a legally binding quote with room for margin between the 2 set amounts. 

What are the consequences of different types of quotations? 

In United Kingdom, the quote has legal value, whereas an estimate is not considered binding. 

A quote is a legal binding offer to perform a service or provide goods at a specific price. An estimate, on the other hand, is an approximation of the cost of a service or goods and is not legally binding. 

A quotation only becomes binding when it is accepted by the customer. Although it is possible to accept the quotation verbally, it is better to countersign the printed quotation as proof. 

This does not mean, however, that the offer in quotation is eternal. A quote should be valid for a reasonable period of time, typically 30 days, to ensure price stability. 

An estimate, on the other hand, does not have a fixed validity period and is subject to change based on various factors. Regular price adjustments may be necessary to keep track of the evolution of the project. Nevertheless, it is good practice to inform the client of any significant changes. 

What factors influence estimated prices? 

Estimated prices may vary depending on a number of factors, the most important of which are listed below: 

1. The nature and scale of the project: complex work or work requiring specific skills may result in higher costs. 

2. The materials and equipment used: some materials or equipment may be more expensive than others, which may influence the estimated price. 

3. Labour: the cost of labour may vary from one contractor to another, depending on their experience and reputation. 

4. Deadlines: some companies may charge extra if the project has to be completed to a tight deadline. 

How can I get accurate, reliable quotes? 

To get accurate, reliable quotes, follow these tips: 

1. Make a detailed request for a quote: provide all the necessary information about your project so that the service provider can assess the work accurately. 

2. Get several quotes: request quotes from different suppliers to compare prices and services. 

3. Check the service provider’s references: consult the opinions of previous customers and visit projects carried out by the service provider to check the quality of his work. 

4. Ask additional questions: don’t hesitate to ask questions about the estimate, materials used, timescales, guarantees or any other relevant information. 

In conclusion, quotations and estimated prices in United Kingdom play a crucial role in many customers’ projects. It’s important to understand how estimates work, the different types available, the factors that influence prices and how to obtain accurate, reliable estimates. By following these tips, you’ll be able to make informed decisions when it comes to quotations. 

In the world of service and work providers, drawing up a robust contract is essential to ensure that your rights are protected. This subject concerns providers of services and work carried out in United Kingdom or offered to clients in United Kingdom, and covers the following rules: 

• Service contracts can involve a long relationship, clothed in trust, interdependence and heightened expectations. 
• The extent of fees can vary from project to project, and according to unforeseeable circumstances, and this point leads to most disputes between the parties. 
• The service provider often incurs additional costs and the cost of materials to be re-invoiced to the customer, and the method of re-invoicing must be clear. 
• Default of payment happens very often in service contracts, and you need to protect yourself, especially when payment is in arrears during work that has already begun but not yet been completed. 
• Providing services raises other legal issues, including confidentiality, liability for subcontractors, and the design and assignment of intellectual property. 
• A service contract is not exhaustively regulated by law, so a good contract is a must. 

Any website owner offering online services in UK, also because the rules on data protection are in addition, and are strictly regulated, all to be regulated in the General Terms and Conditions of Sale (GTCS). 

What is a service contract and what types are there? 

Service contracts vary according to the following: 

• Form: an oral contract is possible, and many are often concluded, for example in the shop or by calling a technician, but written contracts are recommended for long-distance transactions, for long periods or for large sums. 

It should be noted that acceptance of the general terms and conditions of sale (GTCS) online is legally equivalent to a contract, although it is not “in writing” as such.  

• Duration: service contracts can be concluded for a very short term, with a fixed duration, or provide for fairly rapid, even instantaneous, execution of the service. To this end, we offer in particular a one-off project or service contract, perfect for carrying out on-site work, removals, one-off cleaning, on-site repairs or calibration. It can also be used to carry out projects, whether tangible or intangible, such as software development or the design of an architect’s plan, up to a certain date or in successive stages. 

• Where successive projects or stages form part of a longer relationship, which is often subject to change, we suggest entering into a single Master Services Agreement which governs all legal matters, to be supplemented by brief Project Assignments which describe only the scope of the project, the timescale and the price

• For services of the same type that you offer to several customers under the same conditions, you can draw up only one estimate of services, a proposal to be countersigned by the customer, with optional reference to general conditions. 
• If similar services are to be provided on a regular or on-demand basis, a consultant contract is your perfect choice. Whether an individual or a company, the consultant undertakes to perform services, either at the hourly rate or at the specific prices and deadlines for each type of service (service package). 

• When you perform services that materialise and involve the transfer, examination or modification of movable or immovable property, this is the contract of works whereby the service provider is also liable for defects. 

What are the main mistakes service providers can make and how can they avoid them with AdminTech? 

To avoid common mistakes when drawing up a service contract, it is important to pay attention to the following key points:  

• Unclear or insufficient description of services or works and their characteristics. In fact, it is not necessarily useful to specify all the technical data of the services to be performed, in the legal text. What is more practical, and what we suggest in our templates, is to make only a brief description, while adding a detailed appendix to avoid any misunderstanding. 
• No clear agreement from the customer on the final price. In practice, contracts often provide only an hourly rate, without giving an estimate of hours, or a simple estimated quote, without committing to a firm price. Our templates allow you to provide more details on how the price is calculated, paid, guaranteed and adjusted if necessary as the work progresses. 
• Neglecting to re-invoice costs. Whether it’s a consultant, architect, technician or IT specialist, every service provider incurs a number of costs in carrying out their work. Although the service provider bears these costs personally, it is sometimes necessary to re-invoice them to customers, especially the cost of materials or expenses incurred at the customer’s express request. Our templates allow you to re-invoice actual, fixed or variable prices. 
• Inadequate description of deadlines. With our templates that allow you to provide for single or successive deadlines, precise or estimated, with or without an obligation to tolerate a slight delay, you can better agree your obligations and formalise the customer’s expectations. 
• Absence of means of proof of performance and means of review of services. In principle, the customer only undertakes to pay according to satisfaction. In addition to a clear and detailed description of the services, our templates allow you to provide for how the services are submitted to the customer for review, and within what timeframe the customer must report a defect. 
• Do not limit the liability of the service provider. Even slight negligence can result in unforeseeable and unbearable damages. Our models, which are in line with current practice, give you the option of limiting your liability to the amount of fees actually paid during a certain period prior to the dispute. 
• Neglecting the risk of payment default. Not only is this the most common risk for any service provider, but if the services have already been started or performed, the provider is often in a precarious situation. You should therefore use the following options, which we suggest: set the costs of payment reminders, interest on arrears, provide for a guarantee deposit and set the length of delay tolerated before services are suspended. 

To avoid these mistakes, use the AdminTech online contract builder to create a robust works or project contract.