Contracting out of the Landlord and Tenant Act 1954 [2020]

Webinar Details

Available now

Expires after 90 days

Mark Shelton

CPD Hours: 1

£35.00

This webinar is presented by Mark Shelton. Contracting out of the Landlord & Tenant Act 1954 was intended to be a straightforward matter, and usually is. It is a procedure which it is crucial to get right: it may underpin the property valuation, or it may vitally affect practical plans for the property. Unfortunately, though, it presents a number of technical issues in structuring some common transactions, and even in the simplest deals, there are a few practical points which must not be overlooked in its operation. The most recent caselaw usefully points the way to a more pragmatic and less technical approach and this webinar considers the procedure comprehensively in a way which applies common sense to the problems.

Topics covered include:

  • Dealing with the unrepresented tenant
  • The right form of declaration
  • Authority to swear declarations on behalf of the tenant
  • Pre-completion amendments to the form of lease
  • More complex transaction structures
  • Offer-back clauses
  • Issues with surrender agreements

Learning objectives:

  • To understand the considerations affecting the timing of serving the contracting-out notice.
  • To identify the practical points which must be attended to in order to contract out of the 1954 Act effectively.
  • To recognise the aspects of common transactions which present technical issues, and understand the ways round them.
  • To be able to structure documentation to provide for an effective offer-back mechanism.
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