Commercial Property Law Update 2023

KEY SUBJECTS

• CASE LAW UPDATE – IMPLICATIONS FOR PRACTICE
• MEES – COMMERCIAL PROPERTY DISPUTES FOR THE DECADE
• DILAPIDATIONS: THE LAW & THE REALITY
• DOWNSIZING – OPTIONS AND PROBLEMS
• AROUND THE WORLD OF LANDLORD AND TENANT INSOLVENCY IN 2023
• RECENT LEGISLATIVE CHANGES

SPEAKERS

Bryan Johnston, Partner and Head of Real Estate Litigation at Dentons

Ben Strange, Director, Mobius Building Consultancy Ltd

Emma Humphreys, Partner, Real Estate Disputes, Charles Russell Speechlys LLP

Mark Shelton, Commercial Property Management Law Trainer

Stephen Allinson, Solicitor and Licensed Insolvency Practitioner, Non Executive Former Chairman of the Board of The Insolvency Service

Emma Broad, Managing Practice Development Lawyer, Dentons

CONFERENCE PROGRAMME

09.30am CHAIRMAN’S INTRODUCTION

CASE LAW UPDATE – IMPLICATIONS FOR PRACTICE

This talk will round up the most important and relevant legal cases impacting on commercial property in recent months. The law is constantly evolving, so it is vital to stay on top of key decisions of the Court that are relevant to commercial property professionals. This talk will cover key developments in:

• Service charges
• Nuisance
• Tenancies at will
• Implied terms
• Knotweed
• Break Notices and much more

Bryan Johnston, Partner and Head of Real Estate Litigation at Dentons

MEES – COMMERCIAL PROPERTY DISPUTES FOR THE DECADE

The impact of the ‘MEES Regulations’ has become a sharp reality to commercial property stakeholders, with the realisation that the minimum standard of ‘B’ by 2030 is more than a rumour and the stark impact of the change in EPC assessment in June 2022 leading to many assets becoming non-compliant far earlier than anticipated.  In this talk, we will look at how the MEES Regulations are playing out in reality in the commercial leasehold market and the several and significant sources of potential dispute ahead over the course of the decade as MEES continues to bite harder.

• Lease renewals – does MEES apply?  What impact does the 1954 Act have?
• Tenants works – can a landlord reasonably refuse consent to tenant works if they impact the EPC?
• Service Charge – Can a landlord include EPC improvement works within a service charge claim?
• Rent Review – If a subject property is incapable of lawful letting, can a rental increase be justified?
• Landlord statutory compliance – a tenant’s claim for breach of covenant against the landlord (alienation and elevated utility bills).
• Dilapidations – MEES, supersession and diminution: a feeding frenzy for disputes.

Ben Strange, Director, Mobius Building Consultancy Ltd

DILAPIDATIONS: THE LAW & THE REALITY

Dilapidations disputes are covered by both detailed and complex legislation as well as the Dilapidations Protocol.  But what do the rules mean in practice and how are most claims conducted by the parties and their advisers?  This talk will look at the law as well as how claims are managed on the ground, together with some interesting insights into enforcing repair obligations during the term of a lease. Topics covered will include:

• Early issues to consider: standard of repair, reinstatement of alterations, establishing breach
• Preparing and responding to a claim: complying with the Dilapidations Protocol
• Section 18 issues
• Options for exploring settlement
• Interesting cases on specific performance

Emma Humphreys, Partner, Real Estate Disputes, Charles Russell Speechlys LLP

DOWNSIZING – OPTIONS AND PROBLEMS

Occupiers increasingly want to build in flexibility to reduce space in future, and this needs some care. Side-by-side leases, and options to break as to part, each have their technical issues. Apportioning rent and reinstating alterations may be difficult in practice, but also have repercussions as regards rent reviews, and preserving the benefit of guarantees. Points covered will include:

• Drafting considerations for surrender agreements
• Extent of property comprised in a renewal lease
• What terms might the landlord insist upon?
• What issues are likely to crop up on seeking consent to sub-let part?

Mark Shelton, Commercial Property Management Law Trainer

AROUND THE WORLD OF LANDLORD AND TENANT INSOLVENCY IN 2023

Property insolvency continues to make the headlines this year and this session will bring you up to date with the latest law and practice. Areas to be covered will include:

• The state of the market now and for the immediate future.
• Company Voluntary Arrangements in the property world – how can landlords best protect themselves?
• Restructuring Plans – a new regime to get used to.
• Rising from the corporate ashes again – is that legal?
• Liquidation and Disclaimer of Assets – understanding rights and responsibilities.
• Post Insolvency – is that the end of the road for recoveries?

Stephen Allinson, Solicitor and Licensed Insolvency Practitioner, Non Executive Former Chairman of the Board of The Insolvency Service

RECENT LEGISLATIVE CHANGES

There is a growing trend for legislative intervention into real estate and keeping up to date with change is essential, especially where non-compliance can lead to criminal liability. To ensure the content is both topical and relevant the issues to be covered will be determined nearer the time but are likely to include:

• The key legal due diligence issues when acting for commercial investors arising as a consequence of limitations on the scope for recovering remediation costs for building safety risks pursuant to Part 5 of the Building Safety Act 2022.
• Changes to the Electronic Communications Code introduced by the Product Security and Telecommunications Infrastructure Act 2022
• The Economic Crime (Transparency and Enforcement) Act 2022 and the operation of the Register of Overseas Entities following expiry of the transitional period on 31 January 2023.
• An overview of conservation covenants as introduced by the Environment Act 2021
• A look ahead, to what other legislative changes are on the horizon, such as the Economic Crime and Corporate Transparency Bill and the Levelling-Up Bill

Emma Broad, Managing Practice Development Lawyer, Dentons

5.00pm CLOSE OF PROCEEDINGS