This two-day course is aimed at lawyers who are looking to build a practice in commercial property litigation, and gives a broad grounding in core practice areas, while taking a firmly practical approach.
The course begins with an in-depth review of the Landlord and Tenant Act 1954, which is fundamental to the management of commercial property, and from which much of the bread and butter work of the commercial property litigator flows. The 1954 Act is a highly technical piece of legislation, with many traps for the unwary.
It goes on to consider law and procedure where the landlord opposes lease renewal on each of the statutory grounds and will examine the other common areas in which disputes arise – dilapidations, service charges, enforcement of leasehold covenants following assignments, and break options.
The course will also support delegates in dealing with contentious applications for landlord’s consent to dealings with the lease, practicalities of trespasser eviction, and the remedy of forfeiture of leases.
- The basic concepts of the 1954 Act: What is a 'business lease'? Who is the 'competent landlord'?
- Procedure, and renewal terms
- Tactics and requirements for opposing lease renewal
- Service charges - common causes of dispute, the Code and s 20 consultation in mixed use developments
- Enforcement of leasehold covenants – the pre-1996 and post-1995 regimes
- Break options - drafting and serving notices, payment of rent and interest, conditional clauses
- The interpretation of repairing covenants, and the conduct and settlement of dilapidations claims
- Obtaining landlord’s consents: formalities and pitfalls
- Trespassers – efficient conduct of court procedures, and adding value with practical measures for eviction and preventing recurrent occupations
- Avoiding inadvertent waiver of the right to forfeit, and a guide through the variety of relief jurisdictions