- Advanced/Update * 5 hours CPD
Alienation, user, break options, repair, insurance, service charge, quiet enjoyment/derogation from grant, rent review and alterations are the most common areas of dispute between landlords and tenants. This highly interactive course aims to examine these five areas in depth using case studies and drafting exercises with a view to drafting to avoiding problems whilst negotiating and considering how to deal with unavoidable problems that arise after completion, either during the term and/or on expiry of a commercial lease, with a view to avoiding or minimising them.
- Alienation: consent to assign - preconditions, AGAs & guarantors, reasonably withholding consent? Underletting - passing rent problem, parting with/sharing occupation/possession - Akici v Butlin, contents of a s146 notice, "Offer to surrender" clauses
- User: S.19(3) Landlord & Tenant Act 1927, Use Classes Order, overlap between change of use/alienation - Signet v Crown Estates, good estate management
- Break Options: personal or not? Brown v Root, conditional clause and the problems with material breaches, defective notices - can they always be remedied?
- Repair, Insurance, Service Charge: exclusion of damage by insured risks and uninsured loss, enforcing performance of repairing obligations - Jervis v Harris, latent defects - Ravenseft v Davstone, Elmcroft v Tankersley, latest developments with terminal dilapidations claims
- Quiet Enjoyment and Derogation from Grant: behaviour of other tenants, Williams v Kirby, anchor tenant - keep open for trade, Landlord carrying out works, the problem of scaffolding, Landlord's regulations
- Alterations: alterations outside the demise, reasonableness - Iqbal v Thakrar, s19(2) Landlord & Tenant Act 1927
- Rent review - assumptions as to rent-free period - willing lessee - term of hypothetical lease