Current Property Issues 2018

Hilton Milton Keynes Hotel
Timbold Drive
Kents Hill MK7 6HL
United Kingdom

Date: Tuesday 16 Oct 2018

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

  • LANDLORD AND TENANT CASE LAW UPDATE
  • VALUATION – THE IMPACT ON PROPERTY VALUATION OF MINIMUM ENERGY EFFICIENT STANDARDS (MEES)
  • DILAPIDATIONS – PRESSURES, PITFALLS AND OPPORTUNITIES
  • SERVICE CHARGE – THE NEW RICS COMMERCIAL PROFESSIONAL STATEMENT  – CLAMPING DOWN ON BAD PRACTICE
  • CONSENT IN LEASES – HOW REASONABLE MUST THE LANDLORD BE?

SPEAKERS

Sarah Thompson-Copsey, Solicitor, Legal Lecturer and Trainer

Nick French, Professor in Real Estate and Montagu Evans Fellow in Real Estate, Oxford Brookes University

Paul Spaven FRICS, partner TFT LLP and Chairman, RICS Dilapidations Forum Steering Group

Peter Forrester, Chairman RICS Service Charge Code Steering Group

CONFERENCE PROGRAMME

09.30am CHAIRMAN’S INTRODUCTION

LANDLORD AND TENANT CASE LAW UPDATE

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

  • Subletting – best rent, lease terms? Warborough
  • The right tenant to break? Lessons from Sackville v Robertson
  • Ground (f) redevelopment – money talks? S Franses v Cavendish Hotel
  • Repair & reinstate: Hipwell v Szurek; Reedbase v Fattal
  • Abandoning Rights of Way: Annetts v Adeleye
  • Lessons from the BHS CVA

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

VALUATION – THE IMPACT ON PROPERTY VALUATION OF MINIMUM ENERGY EFFICIENT STANDARDS (MEES)

In April 2018, the UK government implemented the Minimum Energy Efficient Standards (MEES). These requirements apply to all let buildings, domestic or non-domestic with certain exemptions. The new regulations are likely to have an impact on property values in some sub-markets.  This presentation will discuss what valuers need to do to ensure that their valuations reflect the impact of the MEES regulations appropriately.

  • Reflecting capital costs or retro-fitting
  • Valuers’ area of competence and professional indemnity insurance
  • The EPC Registers and the impact upon value
    • Valuations where there is no EPC provided
    • Valuations where the EPC is at E or above
    • Valuations where the EPC is F or G
  • Valuation Methods and Models

Nick French, Professor in Real Estate and Montagu Evans Fellow in Real Estate, Oxford Brookes University

DILAPIDATIONS – PRESSURES, PITFALLS AND OPPORTUNITIES

The law of dilapidations used to revolve around case law and statute. It still does, but the world is changing rapidly and there are wider matters to consider; from the Guidance Note and RICS rules on conflict and confidentiality to the impact of sustainability related legislation. This interactive presentation will show you how to achieve the best outcome in dilapidations disputes.

  • RICS Guidance Note, 7th Edition – what has been the impact?
  • RICS DRS Scheme – settling dilapidations swiftly and effectively. Why it isn’t yet the answer…
  • MEES – the dilapidations defences – and do they work?
  • Conflicts of Interest – the new RICS Professional Statement and its effect on dilapidations (with examples)
  • Supersession – getting to grips with this undefined concept, using the principles of mitigation and causation (also with examples)
  • Partitions and carpets – how the Riverside Park -v- NHS Estates case clarifies matters
  • The next R22 type issue – here we go again. This time it’s HFCs

Paul Spaven FRICS, partner TFT LLP and Chairman, RICS Dilapidations Forum Steering Group

SERVICE CHARGE – THE NEW RICS COMMERCIAL PROFESSIONAL STATEMENT  – CLAMPING DOWN ON BAD PRACTICE

The fourth edition of the RICS code of practice is to be issued as a professional statement and is going to be published this autumn to come into force from spring 2019. As a leading authority in the field of service charges and chairman of the RICS Service Charge professional group, Peter Forrester will look at practical issues including an outline of:

  • The implications for the industry of formalising the code as a professional statement
  • The new mandatory requirements for RICS members and regulated firms
  • The fundamental amendments to the best practice principles
  • New guidance on dealing with service charge disputes

Peter Forrester, Chairman RICS Service Charge Code Steering Group

CONSENT IN LEASES – HOW REASONABLE MUST THE LANDLORD BE?

Most leases require the tenant to obtain the landlord’s consent to assignment and subletting, to alterations and often to change of use. How reasonable must the landlord be, and what can the tenant do faced with delay and prevarication? This practical session will look at recent developments including:

  • Diminution in the value of the landlord’s interest – a reasonable ground? Hautford v Rotrust; Homebase v Grantchester
  • Separating good reasons from bad: Lessons from the Court of Appeal in No 1 West India Quay
  • “Consent not to be unreasonably withheld” – the same tests for all applications? Crowther & Crowther v Arbuthnot Latham & Co Ltd
  • Is the landlord even obliged to consider the application – the problem with pre-conditions: TCG v Girdlers

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

Booking Form

Please note that all correspondence will now be emailed.

Conference Information

Current Property Issues 2018

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