When negotiating and drafting agreements for lease, you need to be alert to the particular challenges of complex lease transactions. You might be instructed in matters involving, for instance, major building works by the landlord, such as new-builds, with fitting out works by the tenant’s contractor.
This course builds on Agreements for Lease: The Basics and will give you the tools to offer your clients a wider field of expertise. It is for conveyancing solicitors and other property practitioners needing to build a good working knowledge of both basic and complex agreement for lease issues. If you are an experienced practitioner, the course will provide you with a valuable legal and practical update.
Disputes are more likely in complex cases because they are usually multi-faceted. How does practical completion differ from JCT statements of completion? How should you approach omissions from the agreement for lease, and how are potential disputes to be resolved? What if you identify a potential conflict between standard definitions and the documentation?
Our well known and respected property expert, Hannah Mackinlay, will take you through these and other challenges – and how you should approach them.
Key learning outcomes
- Understand the particular challenges of agreements for lease in complex transactions
- Effective use of established precedents and avoid documentation conflicts
- Providing for resolution of potential disputes
What does this course cover?
This course covers specific issues in agreements for lease in more complicated cases, working through established precedents and identifying key problem areas, including:
- Battle of the definitions: relevant JCT building contract definitions – and potential conflicts between documentation
- Contractor’s rights to possession of site under the JCT
- Practical completion, and statements of completion under the JCT
- The architect v the employer’s agent: powers, duties and responsibilities
- Completion: the date of actual practical completion versus the date of issue of the certificate
- Extensions of time and longstops
- Effect on start of rent-free period, the term, and rent review dates
- Partial possession and sectional completion: access for fitting out
- Variations and omissions
- Dealing with conflicts: dispute resolution procedures
- Measurement of areas: net internal Red Book definitions, tolerances, effect on rent
- Tax and capital allowance aspects
- Liquidated and ascertained damages (LADs) and loss and expense claims by contractors
- Effect on Stamp Duty Land Tax of early possession, and effect of completion of the lease
- Defects and repairs: liability for defects, repair, collateral warranty and service charge issues