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