Commercial Lease Drafting

Contents

The lease is arguably the most important document that a commercial property lawyer deals with. Not only are capital values a function of rental value – so anything the diminishes rental value will have a disproportionate effect on capital value – leases typically last for years or even decades and have to be future-proof. In this session we will discuss:

• Applicable law
• Forms of lease
• The principal issues that have to be taken into account
• Drafting techniques

Learning Objectives

On completion of this video you should be better equipped to draft and negotiate a lease of commercial property, having reviewed:

• Relevant statutory and case-law, including the Landlord and Tenant (Covenants ) Act 1995
• The voluntary business leases code and RICS service charge guidance
• Which parts of a lease are essential
• The principles of interpretation, and applying them to drafting a lease

Speaker

Paul Clark has been a consultant at Cripps LLP since 2003. He was head of property at DJ Freeman and before that a solicitor at Linklaters & Paines. Paul has experience in major projects, development, shopping centres, landlord and tenant, land registration and SDLT.  A plain language enthusiast, responsible for many standard forms, including the RICS common auction conditions. Former chair of the City of London Solicitors Company Land Law Subcommittee. Member of the Stamp Taxes Practitioners Group. Conveyancing Editor of ‘The Conveyancer and Property Lawyer’. Writes for isurv, the surveyors’ on-line legal service.