Commercial Leases - Problems Arising and Perfecting Advice

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Course Overview

Part 1 - Perfecting your Advice on Key Risk Points

Due diligence is a key aspect of risk management. However, reporting to clients is central to ensuring that they are made fully aware of the implications of the transaction. This course will discuss the importance of conveying clear advice on key issues and will offer useful hints and tips on how the viewer should provide advice in practice.

Part 2 - Problems Arising on Assignment and Termination of a Commercial Lease

All commercial property lawyers will be aware of the issues which require attention following the grant of a commercial lease, however, the law is ever changing and keeping up can be difficult. This course will provide viewers with guidance on how to deal with the tricky areas of the law and will ensure that practitioners of are aware of the practical implications.

What are the requirements?

Learning Outcomes

  • On completion of Part 1 of this course you will:

    • Have considered if circumstances ever require more than one contracting-out notice & declaration and post-declaration changes to the lease
    • Appreciate the issues surrounding repairing covenants e.g. missing or inadequate schedule of condition
    • Have considered why a cap might not work and catch-all clauses in respect of service charge provisions
    • Be familiar with liability under AGA and the scope of T1’s potential liabilities
    • Be aware of the landlord’s potential liability for breach of quiet enjoyment covenant

    On completion of Part 2 of this course you will:

    • Have consider the issues posed by guarantors, in particular AGAs and the discharge or termination of liability
    • Have received an overview of key legal principles regarding conditions of licence to assign and reasonableness of grounds for refusing consent in respect of assignment
    • Be familiar with breach of tenant repairing covenant in terms of schedules of dilapidations, diminution defence and dilapidations protocol
    • Understand break rights with regard to payment conditions, whether this should be personal or run with the lease and the material compliance with tenant covenants

What is the target audience?

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About Instructor - Stephen Desmond

Stephen Desmond has been delivering training for over 15 years during which time he has delivered more than 1,800 CPD events to lawyers from a variety of backgrounds. Delegates at these events have included practitioners from a variety of size of firms, ranging from sole practitioners to City Solicitors. 

Stephen is a contributing editor to Butterworths Property Law Service, published by Lexis Nexis, writing on the complex law relating to long and short leases.  He writes for the Solicitors Group on the subject of commercial property. 
He has run a university-accredited distance-learning course for aspiring paralegals in the subject of residential conveyancing.

A former practicing Solicitor with several years post-qualification experience, Stephen has represented many business and private clients, including property investors and local authorities.

Course Curriculum

recorded webinars

  • Part 1
    01:00:52
  • part 2
    01:01:47

Documentation

  • notes part 1
    24 Page
  • notes part 2
    19 Page
  • Slides part 1
    9 Page
  • Slides part 2
    10 Page

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