LANDLORD AND TENANT UPDATE - A PRACTICAL REVIEW OF THE LATEST CASES

• Protecting the landlord’s investment:

  • Effective pursuit of the guarantor – is your guarantee valid; ensuring he remains on the hook

  • Making the administrator pay

  • Alienation: avoiding inadvertent consent – help from the Court of Appeal; what conditions are ‘reasonable’?

• 1954 Act renewal:

  • Damages for misrepresentation? – the dangers of withdrawing a ground of opposition

  • ‘Own occupation’ – is a minimum period now required?

• Break clauses – recent lessons for the tenant on service and on mistakes in the notice

Sarah Thompson-Copsey, Solicitors (non practicing), Legal Lecturer and Trainer

VALUATION UPDATE 2010

• RICS Valuer Registration Scheme
• Valuation and Uncertainty - RICS Guidance Note No 5
• The International Valuation Standards Council (IVSC)
• International Accounting Standards - Impact on Valuations
• Discounted Cash Flow - guidance from the RICS and IVSC
  • Discount rates
  • Cash Flows
  • Risk
  • Exit Yields
• The Importance of Valuation in the Economy

Nick French, Professor in Real Estate, Oxford Brookes University & DTZ Fellow in Commercial Property

The legal principles and the rules on dealing with claims, including how they can be funded, have continued to change in the context of the worst market in years.  Both landlords and tenants need to know exactly how law and procedure now work

• The obligation to repair - how it's applied, inherent defects, other pitfalls
• Recovering repair costs through a service charge - dos and don'ts
• Disrepair and the tenant's right to break - what both landlord and tenant need to know
• Terminal dilapidations - how to claim, how to defend, how to settle and how to recover costs

Philip O’Loughlin, Partner, Head of Property Litigation, Ward Hadaway

UNLOCKING HIDDEN VALUE FROM PROPERTY

With pressure on all of us to make assets work harder, this session will highlight some innovative ideas to help both landlords and tenants, including:

• Utilising previously considered ‘dead space’ – telecoms, advertising, walkways
• Unconventional alternatives to sub-letting space
• Legal implications and alternatives
• Joint venture arrangements, including tenants working together to share costs and landlords and tenants working together to produce all-win results
• Re-shaping existing leases for everyone’s benefit

Rufus Ballaster, Partner, Carter Lemon Camerons LLP

SUSTAINABLE REAL ESTATE: A PRACTICAL OVERVIEW

• understanding risks to investment performance - valuation impacts of sustainability 
• improving investment portfolios and occupational estates - practical steps to improve operational performance 
• common ground for landlords and tenants - leasing implications

Jon Lovell, Head of Sustainability, Drivers Jonas Deloitte

PRACTICAL TIPS AND TACTICS FOR LANDLORDS AND TENANTS -  LESSONS LEARNED FROM THE LAST RECESSION

·     Underletting at market rent

• Headline rents, and how to spot them
• Retail Price Index clauses, trips and tips
• The Insolvent Tenant
• Whether to trigger a rent review

Suzanne Gill, Partner, McGrigors LLP

PROPERTY MARKETS FOLLOWING THE GREAT RECESSION

• Global prospects
• Fiscal & Monetary policy
• Bank debt & equity finance
• Rental growth, building costs and the Green agenda
• Property investment; the good and the disastrous

Angus McIntosh, Partner & Head of Research, King Sturge