Legal Easel: Major Issues in Commercial and Residential Property Law 2020

Due to the current situation, this conference has been moved from 27th April to 17th November

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

Date: Tuesday 17 Nov 2020

Time: 09:30-17:00

CPD Hours:

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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

  • THE NEW TELECOMS CODE – WHERE ARE WE NOW?
  • SDLT CASE STUDIES
  • CASE LAW UPDATE
  • RIGHTS OF WAY – TRICKY ISSUES AND HOW TO AVOID THEM 
  • RENT REVIEW PITFALLS – AVOID THE ELEPHANT 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

THE NEW TELECOMS CODE – WHERE ARE WE NOW?

The Electronic Communications Code (set out in Schedule 1 to the Digital Economy Act 2017 and inserted into the Communications Act 2003 as Schedule 3A) came into force on 28 December 2017, and gives telecoms operators statutory rights to facilitate the creation and operation of their networks, with major implications for landowners and developers. This Code is significantly different from the old 1984 Telecoms Code, and applies to all telecoms agreements, including those entered into before 28 December 2017 (although there are modifications in relation to these).  Numerous recent cases, including the first one before the Court of Appeal, have emphasised how the new Code strongly advantages the operators rather than the landowners when compared to the old Code.

This session will bring you up to speed on the major implications of the new Code and the recent case-law and will include:

  • The new Code – what does it say and how does it work?
  • When can the Court impose an agreement on a landowner?
  • What does a landowner need to do in order to terminate an agreement?
  • How does the Code work in relation to pre-existing agreements?
  • Recent cases, including Cornerstone Telecommunications Infrastructure Ltd v Keast, Cornerstone Telecommunications Infrastructure Ltd v Central Saint Giles General Partner Ltd, Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd
  • Proposals to extend the Code

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

SDLT CASE STUDIES

In 2019 detailed guidance was published on what “dwellings” and “grounds” mean, according to HMRC. There have also been some SDLT cases. 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, and will include:

  • Latest news and guidance
  • Issues around multiple dwellings and “annexe relief”
  • Mixed use
  • Continuing surcharge anomalies

Paul Clark, Consultant, Cripps LLP

CASE LAW UPDATE

A practical review of recent commercial & residential property and landlord & tenant cases and currently will include:

  • Landlord’s consent – the view from the Supreme Court in Sequent v Rotrust
  • Contracting out – TFS v BMG Ashford
  • Forfeiture and relief – Manchester Ship Canal in the Supreme Court; Timbo & SHB
  • Signatures on property contracts – Neocleous v Rees
  • Non-existent tenants – Seafood Shack
  • Changing rules on adverse possession – Thorpe v Frank

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

RIGHTS OF WAY – TRICKY ISSUES AND HOW TO AVOID THEM

This practical session will look at some of the trickier aspects of rights of way from the point of view of the user of the right and of the landowner across whose land the rights run, and will include:

  • Unexpected rights of way – how to spot them and how to deal with them
  • What and who can use the right of way – and when
  • Excessive use and ancillary use – what are they?
  • Locking, repairing and re-routing rights of way – lessons from recent cases

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

RENT REVIEW PITFALLS – AVOID THE ELEPHANT TRAPS

Rent review has always been a tricky area – particularly the open market rent reviews normally found in commercial leases – but now difficulties are arising with rent reviews in both residential and commercial leases. The Government is proposing to legislate in relation to ground rents, and turnover rents are becoming more and more popular in the beleaguered retail sector.  There have also been numerous problems with index-linked rents.

This session will focus on the traps that you need to look out for when drafting or reviewing different types of rent review, and will include:

  • What are the problems with ground rents?  What is the Government proposing to do?
  • What are the pitfalls with index-linking?  What went wrong in Arnold v Britton? Would you recognise a formula that provides for compound increases?
  • Turnover rents – what are the issues with these in the age of on-line shopping? What are retailers proposing?
  • Open market rents – what are the pitfalls to look out for?
  • Recent cases, including Trillium (Prime) Property GP Ltd v Elmfield Road Ltd and Proxima GR Properties Ltd v Spence

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 2020

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