Commercial Property Law Update 2016

Etihad Stadium
Etihad Campus
Manchester
M11 3FF

Date: Tuesday 21 Jun 2016

Time: 09:30 - 17:00

CPD Hours: 6

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£105
+VAT
£126.00 (incl. VAT)
Cost including lunch:
£119+VAT £142.80 (incl. VAT)
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KEY SUBJECTS

  • 1954 ACT: TOP 10 PROBLEM AREAS
  • RENT AND TERM – KEY ISSUES
  • COMMERCIAL ENFRANCHISEMENT?
  • COMMERCIAL LEASES UPDATE
  • OVERAGE: DRAFTING ISSUES AND ANTI-AVOIDANCE
  • PROPERTY LAW – LATEST DEVELOPMENTS

SPEAKERS

Professor Peter Reekie, Property Training Consultant, Penningtons Manches LLP

Sarah Thompson-Copsey, Solicitor, Legal Lecturer and Trainer

Paul Clark, Consultant, Cripps LLP

CONFERENCE PROGRAMME

9.30am CHAIRMAN’S INTRODUCTION

 1954 ACT: TOP 10 PROBLEM AREAS

More than 60 years after it came into force, the Landlord and Tenant Act 1954 still gives rise to arguably more difficulties in use than its enactment set out to cure. This session explores, and offers practical solutions to, some of the main problem areas, including:

  • What are s27 notices for, when should they be served, and why?
  • Compensatory grounds of opposition – what to say & when
  • Discretionary grounds – getting the evidential ducks in a row
  • Contracting out – what could possibly go wrong?
  • Holding over – periodic tenant or tenant at will?
  • Statutory compensation & occupation – how long in reality?
  • Finding out intentions early – as landlord or tenant

Sarah Thompson-Copsey, Solicitor, Legal Lecturer and Trainer

RENT AND TERM – KEY ISSUES

Two of the three “certainties” a lease requires are a certain term and a certain rent. (The third is exclusive possession.) Recently the Supreme Court decided that M&S were not entitled to a refund of rent after breaking their leases mid-way through a quarter. This talk will examine that case and its repercussions for existing and new leases. The session will also address the topical issues affecting rent reviews.  In addition:

  • How can a periodic lease be a term certain? Can it be contracted out of the 1954 Act?
  • How can you grant a lease for an uncertain term?
  • Is rent essential?
  • How can rent be certain if it varies – on review, for example, or by reference to turnover?
  • How is rent apportioned – as between landlord and tenant and also on a sale of the lease or its reversion?

Paul Clark, Consultant, Cripps LLP

COMMERCIAL ENFRANCHISEMENT?

Has the recent Court of Appeal decision in Jewelcraft v Pressland (2015) widened the scope for enfranchising commercial leases under the Leasehold Reform Act 1967

  • Does the1967 Act give enfranchisement rights to any commercial tenants?
  • What is a ‘house’ – and why is the definition important?
  • Purpose built shops – are they enfranchiseable, or not? Reconciling the Supreme Court & the Court of Appeal
  • Empty & wholly commercial properties – totally differing rights

Sarah Thompson-Copsey, Solicitor, Legal Lecturer and Trainer

COMMERCIAL LEASES UPDATE

The law and practice relating to commercial leases is constantly changing and all property professionals in this field must be up to date with developments. This talk will look at some key recent case law and consider the implications for the office. Please note the following topics may vary slightly to ensure coverage of the latest key developments:

  • Repairs and “waste” materials
  • MEES – commercial lease interpretation and drafting points
  • Relief against forfeiture
  • Lease assignment – duty of care
  • LTA 1954 and the “Home Business Tenancy”
  • The Heat Network (Metering and Billing) Regulations

Professor Peter Reekie, Property Training Consultant, Penningtons Manches LLP

OVERAGE: DRAFTING ISSUES AND ANTI-AVOIDANCE

Overage is increasingly a key issue in many transactions. In this session we will take a look at some of the legal problem areas encountered by property professionals in negotiating, structuring and drafting overage agreements and consider some of the more complex issues that arise in relation to the need to protect the overage obligation against successors in title.

  • Practical and legal considerations
  • Drafting, interpretation and construction of provisions
  • Anti avoidance
  • Methods of securing overage

Professor Peter Reekie, Property Training Consultant, Penningtons Manches LLP

PROPERTY LAW – LATEST DEVELOPMENTS

SDLT SURCHARGE

Commercial property practitioners need to be aware of the 3% SDLT surcharge on additional homes and its potential impact on mixed-use property, corporate purchases and development.

LAND AND REGISTRY PRACTICE

There have been many changes in practice over the past few months which we need to be aware of, including (for example) witnessing signatures on deeds.

RECENT CASE LAW

  • The Supreme Court refuses to change clear words, despite the consequences – Arnold v Britton
  • Defining boundaries: two Court of Appeal decisions – Abid v Nata Lee Ltd; Upton v Parmar
  • Answering enquiries before contract – Thorp v Abbotts
  • An easement to use a golf course? – Regency Villas v Diamond Resorts
  • An important Court of Appeal decision on the transfer of rights – Wood v Waddington
  • A trivial boundary dispute costs half a million pounds to litigate – Gilks v Hogdson

Paul Clark, Consultant, Cripps LLP

 5.00 pm CLOSE OF PROCEEDINGS    

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Commercial Property Law Update 2016

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