Current Best Practice In Leases

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Through the following hot topics, the state of lease drafting and leasehold property management will be explored by this speaker who is still at the ‘coalface’ of landlord and tenant interaction:

• Break clauses
  • Shorter leases have not ended use of break clauses
  • Now very much the tenant’s tool
  • Few leases now adopt ‘disingenuous’ drafting
  • A privilege not a right – getting exercise right
• Tenancies at will
  • Not 1954 Act protected
  • Can/should give exclusive possession
  • Must not, however, have certain ‘standard’ clauses
  • Maybe can now have some certainty of ‘notice’
• Leases by reference
  • Short lease terms make this more attractive for renewals
  • Subleases can usefully adopt the whole of the headlease and ‘tweak’
  • Intellectual challenges of getting the tweaks right
  • Should we be doing it more often?
• Reasonable time for consent – alienation etc
  • Is the law affected by the Alienation Protocol
  • Has the Protocol helped
  • What are the remedies, faced by lack of consent
• 1954 Act – not dead yet
  • Contracting out – still a minefield
  • Accidental protection
  • Accidental loss of protection
  • Fun facts under this nearly 70 year old Act

Rufus Ballaster, Senior Partner, Carter Lemon Camerons LLP