Interpretation of Tricky Leases

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Contents

This is a lecture which aims to provide both solicitors and surveyors with the tools and materials to gain leverage for their clients when it comes to the interpretation of familiar (and not so familiar) provisions which are found in modern leases. The lecture looks at the most up to date cases on contractual interpretation and applies them to the often fiddly issues which arise when landlord and tenant interpret their rights under a lease in a way which gives rise to potential conflict.

Learning Objectives

On completion of this video you should be able:

• To understand when words mean what they say and when do they mean something quite different
• To work out the meaning of familiar provisions including those as to repairs, alienation, alterations, user, forfeiture and rent review together with more general terms such as good faith clauses, reasonable, best and all reasonable endeavours clauses and force majeure clauses
• To gain advantage for your client from being able to use or avoid, as applicable, the rule that a lease must be read and understood as at the date it was made
• To understand the scope for implying terms into leases

Speaker

JONATHAN SEITLER

Jonathan Seitler QC is a barrister at Wilberforce Chambers  He has been named as Chambers & Partners Real Estate Silk of the Year for an unprecedented three times and is the author of several books: ‘Claims against solicitors and valuers’, ‘Commercial Dispute Resolution’ and the bestselling ‘Leases: Covenants and consents’. He also authors EG’s ‘Potted Guides’ and hosts the associated ‘Podded Guides’ on the EG podcast platform.  Jonathan appeared as Counsel in both K/S Victoria Street and also EMI, the two leading cases on the topic.