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Rent Review One CPD hour in one-hour segment

Peta Dollar

Peta is the editor of the property transactions section of the site. She is also the author of the article on overage and co-author of the articles on surrender and re-grant and, “Developers beware! The pitfalls of tenants' rights of first refusal and collective enfranchisement.”

Peta is a non-practising solicitor with more than 25 years' experience of all areas of commercial property law. In 2005, after 17 years as a Real Estate Partner at Denton Wilde Sapte, she made a lifestyle change, and now writes and lectures full time on a wide variety of property-related topics. She also provides in-house training for major law firms both in and outside London.

She regularly publishes items in Landlord and Tenant Review, Estates Gazette, Property Law Journal and Solicitors' Journal. She has filmed a number of surveyors' training videos with Einstein. Peta is a member of the Editorial Board of Landlord and Tenant Review, on the Consultation Board of Practical Law Company (Property) and the co-author of a book, “Tenants' Pre-emption Rights: A landlord's guide to the Landlord and Tenant Act 1987”, published by Jordans.

Sarah Thompson-Copsey

Sarah is the editor of the Landlord and Tenant (General) section of the site. She is also the co-author, with Peta Dollar and Anthony Radevsky, of the article, "Developers beware! The pitfalls of tenants' rights of first refusal and collective enfranchisement".

Sarah is a former partner and head of the London property litigation practice of the firm then known as Denton Hall with over 15 years experience in commercial property disputes. Her legal experience includes advising many blue chip retail clients, developers and institutions. Sarah recently returned to the UK following five years working in Hong Kong and Tokyo, and obtained her LLM at King's College, London. She now works as a freelance legal speaker and writer, and has lectured for the College of Law, CLT, the ISVA, Imperial College, Legal Easel and Professional Conferences as well as appearing on Legal Network TV.

Sarah is a co-author of “Tenants' Pre-emption Rights: A Landlord's Guide to the Landlord and Tenant Act 1987”, and has written extensively for a number of legal and property journals.

Enacted to prevent long leasehold tenants from holding a wasting asset, the Leasehold Reform, Housing and Urban Development Act, allows residential tenants, acting together, to force the landlord to sell them the freehold of the building in which their flats are situated. Amendments to the Act have widened the scope for enfranchisement but many problems still remain.

This session examines the problems for tenants in exercising these rights which may lead to delay or extra expense or even thwarting the tenants’ exercise of their rights; the practical difficulties of acting together, the strict timetable that must followed and the problem of the lack of prescribed forms of notices and suggests practical ways to avoid these problem areas.

The rent review provisions of a lease are amongst the most complex to draft or to negotiate.

Topics Include:

• The basis of open market rent review and the hypothetical lease
• The presumption of reality - its application and an exception
• The Commercial Lease Code 2007 and rent review
• The terms of the hypothetical lease:
• The term
• The demise
• Let as a whole or in parts
• Vacant possession
• Open market rental
• Ignoring rent/rent review
• Assumptions
• Disregards
• Rent review machinery