Legal Easel: Major Issues in Commercial and Residential Property Law 2019

Ribby Hall Village
Ribby Road
Wrea Green PR4 2PR
United Kingdom

Date: Monday 8 Apr 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

  • CASE LAW UPDATE
  • RESIDENTIAL SDLT
  • COMMERCIAL SDLT
  • IMPLIED TERMS IN LEASES
  • SERVICE CHARGES – STAYING ON TRACK
  • AVOIDING NEGLIGENCE IN PROPERTY TRANSACTIONS – TIPS AND TRAPS

SPEAKERS

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

Paul Clark, Consultant, Cripps LLP

Peta Dollar, Non-Practising Solicitor, Legal Lecturer and Trainer

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

CASE LAW UPDATE

A practical review of recent commercial and residential property and landlord and tenant cases including:

  • Ground (f) intention – the Supreme Court view: S Franses v Cavendish House
  • Abandoning rights of way: Annetts v Adeleye
  • Breaking the lease: Sackville v Robertson; Goldman Sachs v Procession House
  • Wrongful re-entry & damages: London College v Tareem
  • Oral variations & the Supreme Court: MWB v Rock

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

SDLT: DIFFICULT ISSUES FOR THE PRACTITIONER

SDLT has become a most complicated tax, but most property practitioners are not tax experts. Official guidance is rarely accurate or sufficiently detailed, the Helpline too often gives the wrong advice, and even those at HMRC dealing with Enquiries betray an ignorance of the rules. In two sessions we will be reviewing actual cases, some residential, some commercial, to try to understand the issues involved.

RESIDENTIAL CASES

These will include the following topics

  • How many land transactions am I dealing with?
  • Contract and conveyance – understanding a common transaction
  • First Time Buyer Relief – not really?
  • Multiple Dwellings Relief – and “ambulance chasing” accountants
  • The 3% surcharge when all the 3-year time limits are in force
  • The continuing saga of mixed-use treatment

COMMERCIAL CASES

These will include the following topics

  • Options – their grant, assignment and exercise
  • Dealing with SDLT on overage
  • Companies buying dwellings – do not forget section 53
  • Non-humans buying dwellings – surcharge or 15%?
  • What connects companies for tax purposes?
  • Understanding overlap relief

Paul Clark, Consultant, Cripps LLP

IMPLIED TERMS IN LEASES

There are numerous terms that may be implied into leases, only some of which may be excluded by agreement between the parties.  This session will look at the most important implied terms, including:

  • Quiet enjoyment, derogation from grant and exceptions and reservations
  • Forfeiture
  • Assignment and subletting
  • Repair
  • Alterations
  • Rent, VAT on rent and rent review
  • Notices
  • Lessons from recent cases, including Hipwell v Szurek

Peta Dollar, Non-Practising Solicitor, Legal Lecturer and Trainer

SERVICE CHARGES – STAYING ON TRACK

Service charges have been described as a “potent recipe for expensive and unproductive litigation”. How best, then, to minimise such disputes? This session looks at the practical impact and lessons to be drawn from case law, including:

  • Insurance: the cheapest quote? Havenridge v Boston Dyers; Cos v Nicholson
  • Cladding costs: Firstport v Cityscape; E&J Groundrents
  • The impact of pending third party payments: Avon v Cowley
  • Whose service costs? Residential v commercial leases: Pressfab v Grangepoint

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

AVOIDING NEGLIGENCE IN PROPERTY TRANSACTIONS – TIPS AND TRAPS

All conveyancers want to avoid negligence, for obvious reasons.  This session will look at practical issues relating to negligence, including:

  • Can you still be negligent if you act on advice from Counsel?
  • Can you effectively exclude liability for advising on certain areas of law, such as tax?
  • Appointing foreign lawyers – your duties
  • Relying on the knowledge of an experienced client
  • Do you owe a duty to unrepresented third parties?
  • What is your liability if you are acting pro bono?
  • What lessons should be drawn from Dreamvar?

Peta Dollar, Non-Practising Solicitor, Legal Lecturer and Trainer

5.00 pm CLOSE OF PROCEEDINGS

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Legal Easel: Major Issues in Commercial and Residential Property Law 2019

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