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Lease Expiry Issues

This course surveys all the commonly-occurring issues, the pitfalls and the top tips.

This course is of relevance to property managers, agents negotiating lettings, property investors and commercial occupiers.

Start Date Venue Price  
12 October 2017 Strand Palace Hotel, London    

Note: All prices are to be paid in GBP and are subject to VAT at the prevailing rate

Event duration: Day Event (5 hours 15 mins CPD) (Lunch Included).
Registration from: 09:30. Event starts at: 09:55. Event finishes at: 16:45.

Learning objectives:

By the end of the course you will be able to:

  • Plan effectively for lease expiry, placing specific issues in the broad commercial context
  • Understand the likely timescales involved
  • Recognise the issues which are likely to require specialist professional input
  • Understand the key commercial drivers for both landlord and tenant, and tactics for effective resolution of disputes

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Lease expiry can be a high-stress period, not to mention an expensive one, for both landlord and tenant. Dealing with issues concerning the physical condition of the property, through dilapidations and reinstatement claims, is an obvious factor, but neglect of timing and financial management issues can also give rise to problems, as can an insufficient mastery of the procedures under the Landlord and Tenant Act 1954. Experience shows that the key to a smooth transition is early consideration of the commercial options, and effective preparation for enforcing lease obligations within that context. 

Speakers

  • Mark Shelton, Commercial Property Management Law Trainer, CPM Law Training Limited and Author of 'A Practical Guide to the Law of Dilapidations' and 'A Practical Guide to Applications for Landlords' Consent and Variation of Leases'
  • Neil Gilbert BSc (Hons) MRICS, Partner, Tuffin Ferraby Taylor LLP

Programme

Session 1

Termination by tenant

  • Managing the relocation process – options under the Landlord and Tenant Act 1954
  • Key deadlines
  • Exercising break options – practicalities and pitfalls

Session 2

Preparing for expiry – considerations for the landlord and tenant

  • Re-let, redevelop, convert?
  • Timing of service charge works
  • Impact of MEES
  • Early assessment and strategy
  • Costs of schedule of dilapidations

Session 3

Termination by landlord

  • Opposing renewal of lease under Landlord and Tenant Act 1954
  • Intention to redevelop
  • Suitable alternative accommodation
  • Tenant default

Session 4

Dilapidations at lease expiry

  • Pre-Action Protocol
  • Preparation of schedule
  • Substantiating loss
  • The RICS Dilapidations Scheme

Session 5

Fixtures, reinstatement, vacant possession

  • Identifying the obligations
  • ‘Too-late’ reinstatement requirements
  • Identifying chattels, fixtures and tenant’s fixtures – recent case law
  • What is vacant possession?
  • Rent and service charge collection