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

Holiday Inn London Regent's Park
Carburton Street
London W1W 5EE

Date: Monday 28 Oct 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 – IMPLICATIONS FOR PRACTICE
  • SDLT CASE STUDIES
  • IMPLIED TERMS IN LEASES
  • BOUNDARY ISSUES – DRAWING THE LINE
  • AVOIDING NEGLIGENCE IN PROPERTY TRANSACTIONS – TIPS AND TRAPS
  • DEFAULT IN LEASES: ENFORCEMENT TIPS FOR LANDLORDS AND TENANTS

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

Mark Shelton, Commercial Property Management Law Trainer

PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

CASE LAW UPDATE – IMPLICATIONS FOR PRACTICE

A practical review of recent commercial and residential property and landlord and tenant cases. Current topics (subject to updating) include:

  • The view from the Supreme Court – Landlord’s consent: Hautford v Rotrust; Intention and the 1954 Act: S Franses v Cavendish
  • Paving and adverse possession: Thorpe v Frank
  • Interpreting AGAs and GAGAs: Co-op v Shah
  • Privacy and overlooking: Fearn v Tate Gallery
  • Repudiatory breach of contract in the Court of Appeal: Mears v Costplan
  • When is a flat a flat? Alford House v Grosveor

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

SDLT CASE STUDIES

No SDLT changes are likely to be announced before October, but considerable work is taking place on defining a “dwelling” and its “garden and grounds” and we may have detailed guidance on both. Meanwhile, there remains confusion over multiple dwellings relief, the 15% charge on dwellings purchased by companies, and subsales, among others. This session will, therefore, cover residential and commercial issues, including:

  • Latest news and guidance
  • Issues around multiple dwellings and “annexe relief”
  • Mixed use
  • Company purchases of dwellings and other property
  • Subsales

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

BOUNDARY ISSUES – DRAWING THE LINE

Boundary disputes are notorious for being conducted with venom, and at a cost which is completely disproportionate to what is at issue. There is a useful Boundary Disputes Protocol which aims to encourage best practice in the conduct of disputes, and use of alternative dispute resolution mechanisms. This session considers the difficulties, possible solutions, and the competing initiatives for reform, including:

  • How to make a line on the ground from a line on a plan
  • Rules for ascertaining boundaries
  • What is the role of surveyors?
  • Where does adverse possession fit in?
  • The Protocol, and proposed dispute resolution procedures

Mark Shelton, Commercial Property Management Law 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

DEFAULT IN LEASES: ENFORCEMENT TIPS FOR LANDLORDS AND TENANTS

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

  • Repair: hope for tenants post Blue Manchester
  • Relief from forfeiture: a stricter approach following Gibbs v Lakeside; SHB v Gibbs?
  • Alienation: forfeiture or specific performance – the pros and cons
  • Assessing damages for failure to keep open, to keep in repair
  • Self help and set off: practical remedies for which breaches?

Sarah Thompson-Copsey, 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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