LAW2024 Online: Commercial Property (Autumn)

Webinar Details

Available now

Expires after 90 days

Mark Shelton and Richard Snape

CPD Hours: 6

£149.00

Available from the 2nd of October 2024, Our expert speakers present LAW2024 Online: Commercial Property (Autumn) which will update you on topics for Solicitors in practice without leaving your desk and at a time to suit you.

This event features a combination of live and pre-recorded content, providing up to 6 hours of CPD

The course includes:

  • A high quality 4 x 1 hour pre-recorded video and audio broadcast (topic titles are listed below)
  • Q&A – a 1-hour 'Shape the Debate' Q&A session with our speakers. This is your opportunity to hear our experts answering questions on both the recorded content and general day to day Commercial Conveyancing issues.
  • LAW Online: Commercial Property exhibition – visit this and you can gain an additional hour of CPD, via a webinar of choice from our Webinar Learning Library worth £35 +VAT.



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Commercial Property Topics covered by this course:-

1. The Landlord and Tenant Act 1954: When it Applies.

Presented by Richard Snape.

The Landlord and Tenant Act 1954 is the bed rock of commercial leases and is essential for any property professional. The course aims to look at various situations where the Act applies. Topics covered include:

  • Exclusion of the Act including the Court of Appeal case of TFS v Designer Retail Centres
  • Tenancies at will
  • Leases and licences
  • Occupation for business purposes under the Act
  • Recent cases on occupation and subleases
  • The definition of a business

2. Commercial Leases Update

Presented by Richard Snape.

This area has undergone many changes within the last 18 months. The course aims to look at some of the changes.

Topics covered include:

  • High Street Rental Auctions and announcements in May 2024
  • The latest on energy performance
  • Recent case law on the Landlord and Tenant Act 1954
  • Recent case law on service charges and break clauses

3. Interpretation and Drafting of Repair Obligations in Leases

Presented by Mark Shelton.

Repair obligations in leases are a perennial concern: whatever the market conditions, landlords need to maintain the value of their investment and tenants will seek to restrict their responsibilities. Advisors need to know how to reduce the likelihood of claims in the first place, and what is the meaning and scope of repairing obligations.

A typical repairing clause is short and uncomplicated, but that does not mean there are no difficulties of interpreting or applying it. There can be difficult issues in relation to identifying the required standard of repair. In principle the tenant will not be required to improve a property, but sometimes like-for-like replacement of worn-out items is impossible, and an element of improvement is inevitable – should there be a discount for betterment? Schedules of condition are a common way of limiting a tenant’s repair obligation, but they have serious limitations.

As well as the repairing clause, other relevant provisions include the obligation to reinstate alterations, and the so-called ‘Jervis v Harris’ clause, each of which also present issues of drafting and interpretation.

This session will consider these aspects in a practical way, giving a solid grounding in a practice area which is always developing and full of interest.

4. Repurposing Issues for Neighbours, Landlords and Tenants

Presented by Mark Shelton.

The law of private nuisance and restrictive covenants operates side-by-side with the planning system to control land use. While the planning system increasingly encourages flexibility and repurposing, private property rights tend to be more restrictive.

It is not just freehold rights, but also rights arising under leases, which may constrain the freedom of both landlords and tenants. Consent to change of use, derogation from grant, even repudiation of leases, may all play a part. The move to repurposing is undeniable, nevertheless, and urban areas are increasingly mixed-use.

Whether or not housing is provided in a mixed-use development, residential occupiers increasingly find themselves next to commercial uses, with potential for conflict, and this is underlined by the high-profile nuisance claims which regularly make their way to the Supreme Court.

In this session we consider the legal issues raised, and potential means of resolution of the difficulties.

Previous event partners include:

Testimonials

We are overwhelmed with the positive feedback we have received from making our face-to-face events possible online. Comments we have received so far include:

"The whole experience was valuable, and communication has been really first class" - General Advisor

"I wanted to say how much I valued receiving and sharing the Online webinar. I felt it was very helpful and very interesting for you to allow all legal practitioners to participate. Thank you for all the extra information and resources, I look forward to the next." - Solicitor in practice

"The world of law is in constant flux and the speakers update on recent developments will be extremely helpful going forward (as they ever are!)" - Solicitor/Director

"I have never attended a similar event but I definitely would again" - Partner

"A good way to access training at a time to suit you, the online course is as effective as attending in person." - Associate Solicitor