Current Legal Issues in Property Management

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The management of commercial property seems only to get more challenging.  This talk addresses three specific areas of difficulty and interest.

Structuring transactions so as to permit downsizing – occupiers increasingly want to build in flexibility to reduce space in future, and this needs some care.  Points covered will include:

• Technical issues with side-by-side leases, and options to break as to part
• Apportioning rent and reinstating alterations
• Implications for rent review and guarantors

Repurposing, mixed-use developments, and the law of nuisance – the Tate Gallery case illustrates that the categories of nuisance are not closed, and with residential uses increasingly thrown next to commercial uses, conflicts will arise.

• ‘Coming to the nuisance’ – will it always prevent claims?
• Squaring nuisance with the operation of the planning system
• Can a landlord be responsible for nuisance committed by its tenant?

What’s wrong with lease renewals? – with the Law Commission about to review Part II of the Landlord and Tenant Act 1954, it is a good time to look at some current problems:

• Assessing rent on renewal – why can’t it be the same as a rent review?
• What are the options for dispute resolution?
• How could contracting-out be improved?

Mark Shelton, Commercial Property Management Law Trainer