Commercial Property Law Update 2017

Whilst this conference was historically aimed at Solicitors, it is now tailored to Surveyors too and is attended by a significant number thereof

Hilton London Gatwick Airport
Eastway
Gatwick RH6 0LL
United Kingdom

Date: Monday 9 Oct 2017

Time: 09:30-17:00

CPD Hours: 6

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£105
+VAT
£126.00 (incl. VAT)
Cost including lunch:
£119+VAT £142.80 (incl. VAT)
Booking Form

KEY SUBJECTS

  • MAKING ALIENATION CLAUSES WORK: TIPS FOR LANDLORDS AND FOR TENANTS
  • CURRENT ISSUES IN COMMERCIAL PROPERTY: IMPLICATIONS FOR PRACTICE
  • RENT REVIEW
  • ENFORCING LEASEHOLD COVENANTS: A PRACTICAL GUIDE
  • COMMERCIAL LEASES: RECENT DEVELOPMENTS AND THEIR PRACTICAL IMPLICATIONS
  • SERVICE CHARGES

 SPEAKERS

Sarah Thompson-Copsey, Solicitor, Legal Lecturer and Trainer

Peter Reekie, Property Training Consultant, Penningtons Manches LLP

Paul Clark, Consultant, Cripps LLP

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

MAKING ALIENATION CLAUSES WORK: TIPS FOR LANDLORDS AND FOR TENANTS

Alienation clauses protect a landlord from having its premises occupied by an undesirable tenant; the Landlord and Tenant Act 1988 requires the landlord to act reasonably and promptly. This session looks at the practical ways in which landlords and tenants (and their advisors) can ensure that these rights are exercised in a reasonable and commercial way:

  • Making the application: Levett-Dunn v NHS; E.ON v Gilesports
  • Undertakings for costs: what’s reasonable? West India v East Tower
  • Damage to the landlord’s interest: real or imaginary? Homebase v Grantchester; IDF v Louisville
  • Assigning to your guarantor: EMI v O&H

Sarah Thompson-Copsey, Solicitor, Legal Lecturer and Trainer

CURRENT ISSUES IN COMMERCIAL PROPERTY: IMPLICATIONS FOR PRACTICE

The work of commercial property professionals is ever challenging, requiring them to advise, negotiate and produce documentation in relation to sales, acquisitions or development transactions. Keeping abreast of all the latest changes in law is imperative. Note the following topics may vary slightly to ensure coverage of the latest key developments

  • Restrictive covenants – overage, and effect of release
  • Updated Electronic Communications Code?
  • Breach of rights of light – injunction?
  • Implied easement for access
  • The  “registration gap” and:
    • impact on easements, and
    • effect on notice to quit

Peter Reekie, Property Training Consultant, Penningtons Manches LLP

RENT REVIEW

Rent reviews remain significant. Existing rent review clauses need to be negotiated and cases still reach the courts. In this session we will dissect a typical upward-only market rent review clause, discussing its most significant features and relevant case-law, including:

  • Rent review ‘machinery’
  • The hypothetical lease
  • Assumptions and disregards
  • Artificiality
  • Other forms of review?

Paul Clark, Consultant, Cripps LLP

ENFORCING LEASEHOLD COVENANTS: A PRACTICAL GUIDE

In terms of enforcement, not all lease covenants are equal. This session looks at practical methods of enforcing some of the trickier covenants:

  • ‘Keep open’ covenants – why they don’t work and what to expect: CIS v Argyll; Costain v Finlay; Transworld v Sainsbury
  • ‘Quiet enjoyment’ – noise isn’t the problem: Timothy Taylor v Mayfair; Century Projects v Almacantar; Platt v London Underground
  • Relief from forfeiture – joy for tenants: Pineport v Grangeglen; Freifeld v West Kensington; Magnic v Ul Hassan; Safin v Badrig
  • Waiver: recognising it, avoiding it

Sarah Thompson-Copsey, Solicitor, Legal Lecturer and Trainer

COMMERCIAL LEASES: RECENT DEVELOPMENTS AND THEIR PRACTICAL IMPLICATIONS

The law and practice relating to commercial leases is constantly changing and both surveyors and lawyers must be up to date with developments. This session will cover key recent developments and focus on the practical implications for those practising in this area. Note the following topics may vary slightly to ensure coverage of the latest key developments:

  • Landlord’s break notice – limited partnership
  • Oral variation of licence in relation to land?
  • Tenant’s break clause and vacant possession
  • Surrender of lease by operation of law
  • Lease – works and implied terms
  • Transfer of reversion – flat tenants right of first refusal

Peter Reekie, Property Training Consultant, Penningtons Manches LLP

SERVICE CHARGES

The landlord of a multi-let building has much more scope for keeping the structure and common parts in excellent condition than the landlord of a single-let building, since there is little legislative interference with commercial service charges for multi-let buildings. Single-let buildings are subject to various legislation, affecting the role of the landlord. The terms of the lease are paramount, as interpreted by the courts – although surveyors must also comply with the RICS Service Charge Code.  In this session we will be looking at typical lease clauses, and discuss issues including:

  • The definition of “services”
  • Service delivery
  • Allocation of cost
  • Budgeting and certification
  • The problem of change
  • Issues around MEES (minimum energy efficiency standards)
  • Lessons for commercial property from recent residential cases, including Arnold v Britton, Geyfords v O’Sullivan and Clacy v Sanchez

Paul Clark, Consultant, Cripps LLP

5.00 pm CLOSE OF PROCEEDINGS

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Please note that all correspondence will now be emailed.

Conference Information

Commercial Property Law Update 2017

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