Leases and agreements for lease provide for a variety of matters to be actioned by service of notices, and the surrounding statutory framework adds a number of other types of notice. It is a mistake to believe that they all raise identical issues.
While there are practical matters in common, as regards identification of parties, timing, drafting and service, there is a range of additional legal requirements and consequences which apply to individual notices, whether break notices, rent review notices, completion notices, or notices under statutory regimes such as the Landlord and Tenant Act 1954, s.146 Law of Property Act 1925, s.3 Landlord and Tenant 1927, or s.17 Landlord and Tenant (Covenants) Act 1995. This course will consider applicable caselaw in relation to a range of types of notice, and the impact of tenant insolvency, as well as formal requirements and best practice, in the context of a workshop-based format with drafting exercises.
The course will include:
- Calculation of deadlines
- Whether time is of the essence
- Statutory service provisions
- What notices can and cannot be served where a tenant is insolvent
- Formalities of different kinds of notice
- Legal issues in relation to different kinds of notice, and factors in deciding whether to serve or not
- Tactics and timing
- Managing the risk of late or non-delivery
- Drafting tips and pitfalls
This course is suitable for commercial property solicitors, both transaction lawyers and those on the contentious side, whose workload includes general landlord and tenant matters and property management issues.