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Course 10 Tricky Commercial Property Problems (6 Hours)


Commercial property practitioners will see the same tricky issues crop up regularly. A key skill for commercial property lawyers is how to prevent some of these issues from arising in the first place, and how to approach problems when they do arise.

This course highlights the top 10 tricky problems today, such as errors on Stamp Duty Land Tax (SDLT) forms, which regularly confront practitioners. Our experienced commercial property expert, Hannah Mackinlay, will explain what you should be looking out for; clarify best practice; and how you should be advising clients.

Key Learning Outcomes

  • Appreciate the most common tricky problems arising in commercial property
  • Pre-empt problems effectively
  • Effective compliance with statutory and regulatory requirements

What does this course cover?

This course covers 10 of the trickiest problems that arise during commercial property transactions, and how to approach them effectively:

  1. SDLT and leases Most SDLT lease returns are completed wrongly. Furthermore, clients are often not told about the need to file further returns. Learn how to get it right first time.
  2. Dealing with CPSE enquiries Commercial Property Standard Enquiries (CPSE) are often as important as the legal title itself, but are often poorly dealt with. What should you be looking out for?
  3. Break notices The Supreme Court ruling in Marks and Spencer v BNP Paribas (2015) shows how contentious the operation of break clauses can be: learn tips and understand the traps for operating a break clause.
  4. Capital allowances What you should be telling your client about capital allowance; and what you need to watch out for.
  5. Landlord’s consent to dealings Problems can arise involving Authorised Guarantee Agreements (AGA). Review the position following the Tindall Cobham v Adda Hotels ruling, and the rules which now apply.
  6. Energy performance The importance of issues relating to Energy Performance Certificates, Carbon Reduction Commitment and solar panels: what you should be looking out for.
  7. Rights to light Rights to light can be as problematic as planning permission for a developer, but difficult to define. Review the principles of rights to light, and the Law Commission proposals.
  8. Statutory fire and asbestos duties These duties are often overlooked, but a breach can result in criminal liabilities. Examine the current regimes for these essential safety issues.
  9. Title indemnity insurance Few solicitors comply with the requirements of the Financial Conduct Authority (FCA), or explain the limits of insurance to clients. Understand your duty to the FCA, and what you should tell your clients.
  10. Planning Hot topics that can prove tricky include office to residential, change of use classes, and the Community Infrastructure Levy (CIL).

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6 hours


Package Price
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Non Member

(Excluding VAT)


Hannah MackinlayDetails


Many practical examples. Excellent content. Hannah was very knowledgeable on all the examples and contents during the course.





Wed 30 Oct 2019 Book

09:30 | London
Hannah Mackinlay

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