Ryden Scottish property market update
Incorporating a Scottish economic assessment, this keynote session will provide an update on residential development and investment, office markets, industrial property markets and investment property.
Dr Mark Robertson, Managing Partner, Ryden
Turnover leases - a flexible alternative to open market rents
As a result of the huge disruption caused to retail and hospitality businesses by the Covid 19 pandemic and the inability of tenants in these sectors to trade at previous levels and cover their costs, turnover provisions have already been introduced into many existing lease arrangements by landlords and tenants and it is likely that such arrangements will become increasingly more common with far more new leases in these sectors containing turnover provisions than ever before. This talk will therefore explain what a turnover lease is, what different types of turnover arrangements exist and describe the advantages and disadvantages of a turnover lease from both a landlord's and tenant's perspective. There will be an examination of typical turnover provisions and what important factors landlords and tenants need to consider to enable turnover provisions to work effectively.
David Bell, Harper Macleod
Dilapidations claims – current implications for drafting repairing obligations
We will be looking at practical aspects of dilapidations claims in the current pandemic, considering whether and to what extent drafting repairing obligations affects this, or should be affected. We will also look at landlord-friendly clauses and tenant-friendly clauses including “payment” clauses, variants of that, and repairing obligations qualified by schedule of conditions. Given the current HMRC indications relating to VAT on dilapidations, consideration will be given to how that might affect drafting whether at lease end or at an earlier stage.
Alan McMillan, Burness Paull
Commercial property and VAT
VAT remains a topic that every commercial property solicitor needs to understand. This talk will cover some of the core VAT issues that arise in every-day transactions such as the status of the supply, the option to tax and transfers of going concerns. It will also consider some of HM Revenue & Customs recent Business Briefs and the impact that they are having on property transactions.
Ainsley MacLaren, MacRoberts
Key planning law issues for commercial property lawyers
Current approaches to section 75 obligations will be examined. Many businesses have been forced to diversify during the pandemic, and premises are being sold or repurposed – planning permission issues which might arise in commercial property transactions will be discussed. There will also be an update on regulation of short-term holiday lets and the implications for other accommodation uses such as aparthotels.
Neil Collar, Brodies
Dispute resolution solutions for commercial property lawyers
As the immediate impact of COVID is hopefully lessening, this session will focus on the changes to property dispute work which we’ve lived with, and the lessons we can take from the difficulties. We will look at the ways that backlogs in the court system can be overcome, and the alternative options to resolve disputes, considering the Code of Practice for commercial property relationships introduced by the Government last year. We will take a look at online Alternative Dispute Resolution options which have become available and consider the factors in drafting a dispute resolution clause to maximise flexibility in resolving disputes.
Sheila Webster, Davidson Chalmers Stewart
Case law update
The essential round-up of the most significant cases over the last 12 months and their impact for practitioners including a review of positive prescription (Ardnamurchan Estate Ltd v Macgregor), judicial rectification (Briggs of Burton plc v Doosan Babcock Ltd), servitudes (McCabe v Patterson) and pre-emptions (West Lothian Council v Clark’s exrs).
Isla Davie QC, Ampersand Advocates
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