How can you effectively manage landlord’s expectations and protect their interests in the case of short term and informal lettings? If you are a commercial property solicitor or other practitioner involved in landlord management issues, this course is designed for you.
Informal and short-term lets can raise a number of issues. How should you document a short-term or informal let when a lengthy 70-page lease is hardly an attractive or economic option? Will letter licences protect your client? Will your client be able to enforce lease obligations against an occupier under a short term let?
Some landlords and their agents use standard form licence agreements. At the other end of the spectrum, some commercial occupiers have little or nothing in writing to record the basis of their occupation – leaving them at risk.
Our well known and experienced commercial property expert, Mark Shelton, will take you through the available options for landlords who want these types of lettings documented at minimal expense. You will look at the pros and cons of each option from both the landlord’s and the tenant’s point of view.
You will also consider examples of informal occupation, including unlawful assignments and sub-lettings; occupation by ‘phoenix’ businesses and lengthy undocumented holding-over situations; and whether the occupier has any obligations and rights. You will also look at how the landlord can regularise the position, what remedies are available to the landlord, and what rent is payable.
Importantly, you will be given suggested practical measures for resolving issues that may arise.
Key learning outcomes
- Appreciate the different types of informal occupation, and the legal implications
- Understand letter licences, tenancies at will and standard form leases
- Know when lease obligations can be enforced against informal occupiers
What does this course cover?
This course covers the major issues raised by short-term and informal lets, including:
- Letter licences and tenancies at will: when they work and when they don’t
- Existing standard form leases in use
- Technical issues: the limits of a DIY approach
- The traps in the contracting-out process
- Myths about periodic tenancies and six-month lets
- The basis on which lease obligations, such as repair, may be enforced against an informal occupier
- Legal analyses of the basis of occupation
- Consideration of whether this is just a landlord problem, or whether it also raises issues for the tenant