Commercial Property Law Update 2019

Kensington Town Hall
Hornton Street
London W8 7NX
United Kingdom

Date: Thursday 27 Jun 2019

Time: 09:30 - 17:00

CPD Hours: 6

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£109
+VAT
£130.80 (incl. VAT)
Cost including lunch:
£124+VAT £148.80 (incl. VAT)
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KEY SUBJECTS

  • USING REDEVELOPMENT TO OPPOSE LEASE RENEWAL
  • INSOLVENCY ISSUES FOR THE COMMERCIAL PROPERTY PRACTITIONER – THE LEGAL AND PRACTICAL IMPLICATIONS TO BE AWARE OF
  • CASE LAW UPDATE – IMPLICATIONS FOR PRACTICE
  • PROBLEMS WITH EASEMENTS
  • DILAPIDATIONS: WHAT CAN GO WRONG – AVOIDING THE PITFALLS
  • TERMINATION OF COMMERCIAL LEASES BY THE TENANT INCLUDING VACANT PROPERTY ISSUES

SPEAKERS

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

Stephen Allinson, Solicitor and Licensed Insolvency Practitioner, Director, Allinsonlaw Ltd and Chairman of the Board of The Insolvency Service

John Beckett, Non-Practising Solicitor and Legal Lecturer

Michael Watson, Partner, Head of Property Litigation, Shulmans

Richard Snape, Consultant, Davitt Jones Bould

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

USING REDEVELOPMENT TO OPPOSE LEASE RENEWAL

Redevelopment ground (f) is the most frequently used ground for opposing lease renewal under the Landlord and Tenant Act 1954. This practical session, drawing on recent and established case law, will explore the different types of evidence required and how and when to produce the evidence to satisfy all parts of the ground, including:

  • What type of works are required – and can they be contrived?
  • Conditional intention – and does ‘motive’ matter?
  • Planning permission and undertakings
  • What is meant by “on the termination of the current tenancy”?
  • Getting to the heart of the ‘need’ for taking back possession

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

INSOLVENCY ISSUES FOR THE COMMERCIAL PROPERTY PRACTITIONER – THE LEGAL AND PRACTICAL IMPLICATIONS TO BE AWARE OF

This session will look at what both lawyers and surveyors should be considering when insolvency intervenes in the landlord and tenant relationship. The area has hit the headlines in the last twelve months particularly in the retail sector. The presentation will concentrate on practical steps to protect your client’s position. Areas to be covered will include:

  • Distinguishing Liquidation; Administration and Company Voluntary Arrangements when  insolvency occurs
  • The impact of insolvency; the effect on lease terms and landlords’ remedies
  • Rent as an ongoing expense of the insolvency and how to get paid
  • Landlords and CVAs – it’s quite a battleground! How to deal with the tenant who proposes this and what are the ongoing implications post CVA?
  • Maximising claims and minimising losses ; how to take on the Insolvency Practitioner
  • Corporate Insolvency Reform – will it make a difference?

Stephen Allinson, Solicitor and Licensed Insolvency Practitioner, Director, Allinsonlaw Ltd and Chairman of the Board of The Insolvency Service

CASE LAW UPDATE – IMPLICATIONS FOR PRACTICE

A practical review of recent commercial property and landlord and tenant cases which will include (Note the following topics may vary slightly to ensure coverage of the latest key developments):

  • Lease, licence and guardianship agreements: Camelot v Khoo
  • ‘Ready, willing and able’: Cantt Pak v Pak Southern
  • Perpetually renewable or rectifiable: Palo Alto
  • Renewal terms and invalid notices under the Landlord and Tenant Act 1954: Dukemister v West End
  • Oral variations and the Supreme Court: MWB v Rock
  • Rent review: Trillium; H Company

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

PROBLEMS WITH EASEMENTS

The law relating to easements is confusing. Unfortunately confusion often leads to misunderstandings and frequently disputes. As such it is an area that is fraught with danger for all those advising on commercial property matters. This session will look at some of the key issues, including:

  • Protecting against the inadvertent creation of easements
  • Rights of way: who is responsible for repair and can these be re-routed
  • Abandonment of an easement: use it, lose it or not?
  • The particular problems with rights of light including: how much light is enough, what constitutes an actionable interference with a right of light and whether items such as solar panels have the benefit of a right of light

John Beckett, NonPractising Solicitor and Legal Lecturer

DILAPIDATIONS: WHAT CAN GO WRONG – AVOIDING THE PITFALLS

Professionals providing their services in relation to dilapidations are advising on what can often be complex claims for damages for breach of contract. This session will look at some of the subjects of key importance in providing best possible advice in relation to claims in respect of breach of repairing and other lease covenants relevant to the condition of property.

  • Importance of the contract
  • Standard of repair
  • Remedies during the term
  • Evidence
  • A case study of tips and traps

Michael Watson, Partner, Head of Property Litigation, Shulmans

TERMINATION OF COMMERCIAL LEASES BY THE TENANT INCLUDING VACANT PROPERTY ISSUES

An ability to correctly terminate a lease by the tenant is essential, especially in the retail sector in the current market. In addition, landlords need to be aware of statutory requirements and business rate issues whilst the property is empty and how best to minimise their liabilities. This talk will aim to look at these issues and suggest solutions.

Topics covered will include:

  • Exercising break clauses and conditions precedent including recent case law
  • Serving the break notice
  • Options to renew as opposed to breaks
  • Peaceable re-entry and the issues for the landlord
  • Statutory requirements and insurance issues whilst the property is empty
  • Business rates on empty properties including recent case law

Richard Snape, Consultant, Davitt Jones Bould

5.00 pm CLOSE OF PROCEEDINGS    

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Commercial Property Law Update 2019

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