Elearning

An often overlooked aspect of lease renewal practice, the rules on interim rent present some opportunities for marginal gains which can be significant across a portfolio of properties.The rules are now so complex that they are little understood, and this module identifies clearly the opportunities for making best use of them.

Module Duration: 25 minutes

Occupation of commercial property by squatters is a recurring and expensive problem, whether it’s an open site invaded by travellers, or a vacant retail unit occupied by illegal traders.

Module Duration: 18 minutes

When former tenants or guarantors receive a notice under s17, it is not just a matter of paying up. There may be reasons to challenge the validity of the notice, and tactical considerations surrounding a challenge. There may be the possibility of recourse against third parties.

Module Duration: 31 minutes

Service of a notice is supposed to be a simple step bringing clarity and certainty into contractual relations. As a formal procedure, though, it has to be got right, and the law reports have literally hundreds of cases demonstrating the variety of ways in which it can be got wrong. A notice must be served on (and by) the right person, and at the right address. It must be served by the appropriate method, and in accordance with any time limit. And it must say the right thing. This module considers each of these areas, considering the rules as to calculation of time periods, deemed service and the various postal service options, and whether service requirements are mandatory or permissive.

Module Duration: 37 minutes

The 1954 Act can look like a lawyers’ cash-generator, with its highly technical and complex procedures. If you know how the termination procedures and the various types of notice fit together, then you’re ahead of the game both as regards knowing what actions are available and when solicitors should be consulted, and as regards asking the right questions when you do.

Module Duration: 27 minutes

When it has become unprofitable to trade from a property, maybe because it is over-rented, how can tenants get out? They can market the premises, but may have to grant some form of rent subsidy, which may be unacceptable to the landlord. This module will consider the extent to which landlords can control the issue, as well as what happens when the tenant simply vacates the premises, also possible routes to a solution via insolvency mechanisms.

Module Duration: 36 minutes

Average letting terms continue to shrink, and short, flexible lettings remain the order of the day. Landlords often require to be supplied with ‘foolproof’ standard agreements, or at least to have lettings tied up and documented at minimal expense. There are traps for both landlords and tenants, and you need to know how to identify the most reliable option.

Module Duration: 31 minutes

Rights to park are an essential part of modern life, and have significant value in their own right. Nevertheless the law has struggled to identify the nature of parking rights. This module will review the present position, as well as considering the practical issues which arise in relation to parking.

Module Duration: 36 minutes

The ability to carry out alterations can be of crucial importance to occupiers, while for landlords the ability to control the physical shape of their investment may have significant impact on value. The statutory regimes governing this area of law are not as well-known as they should be, and an well-informed surveyor is in a position to add value and stand out from the crowd. This module gives a full overview of the applicable law.

Module Duration: 30 minutes

Missing an opportunity to break a lease is one of the commercial property world's more expensive errors.There may be problems with getting the parties wrong, not serving at the right time, or failing to satisfy conditions. This module explores those and other pitfalls.

Module Duration: 30 minutes

Tenants tend to want to minimise their costs and delay any building works. Meanwhile, landlords want to protect their building as an asset during the lease, and at expiry, want to extract a robust dilapidation claim wherever possible. The scene is set for a landlord and tenant battle.

Module Duration: 16 minutes

For the general practitioner, or for the more junior surveyor, the world of rent review can often appear baffling, with obscure arguments about the hypothetical lease, aggregate lettings, special bidders and so forth. But it’s a topic which can be of crucial importance to clients, and an area in which very limited rights of appeal from third party decisions means that it’s vital to get it right first time. This module introduces the main aspects of the subject in a clear and straightforward way.

Module Duration: 28 minutes

An unoccupied property means more than a break in the income stream; it has potential to become a significant cost too. Landlord clients may not anticipate all the problems, and are likely to have a variety of questions, some of them urgent. This module provides the answers.

Module Duration: 32 minutes

The module will cover best practice in applying for landlord’s consent under commercial leases, and in dealing with applications. The inevitable focus on what is or is not reasonable on the landlord’s part can obscure practical aspects which have an important influence on the outcome. Whether or not a disputed application ends up in court, going about things the wrong way can seriously undermine your negotiating position. The Alienation Protocol published in 2015 has served to underline the lessons of caselaw in some respects, and the module will examine the Protocol as well as considering what formal requirements might apply, and the conduct of applications more widely.

Module Duration: 32 minutes

 A potential source of damaging conflict between landlord and tenant is the landlord carrying out works to the property while the tenant remains in occupation. There are a number of legal challenges open to the tenant, either to prevent or halt the works by means of an injunction, or to obtain substantial compensation from the landlord. The grounds for challenge are not always obvious, but where the works are anticipated in advance of the lease being granted, there is much that the landlord and its advisors can do to limit the risk. This module considers the options open to the tenant, and what approach the prudent landlord should take to minimise conflict.

Module Duration: 31 minutes

The Landlord and Tenant Act 1988 imposes well-known duties on landlords when considering whether to permit an assignment or a sub-letting, and landlords are rightly apprehensive of falling foul of a damages claim as a result. There is a tension between the landlord’s attempts to impose control through the terms of the lease, and the assistance given to tenants by statute and decided cases, and attention understandably focuses on what a court will consider to be reasonable. It is not only the landlord’s answer which matters, but also the process of getting there, and the lessons from protocol and from caselaw are of great importance.

Module Duration: 1 hour 8 minutes

Even before the coronavirus outbreak, occupiers were increasingly demanding shorter leases and more flexible terms of occupation. Flexible office accommodation, and retail pop-ups and other short-term arrangements have become a fact of life. The aftermath of Covid-19 is likely to accelerate the trend. At the same time, landlords needing to regularise informal occupation are looking for reliable, inexpensive solutions. There is pressure to keep transaction costs down, and to avoid going over the top with lengthy, formal, legal arrangements. Licences to occupy and tenancies at will are often used to document short periods of occupation quickly and cheaply. Very different considerations apply to each, and it is essential to have a thorough familiarity with the issues when agreeing with your client how to go about things.

Module Duration: 1 hour 10 minutes

An application for licence to alter may appear less pressing than an application for licence to assign. The tenant has no remedy based upon failure to make a decision within a reasonable time, as there is no general duty on landlords to do so. Well-advised tenants, however, will know the legislative mechanism for making time run against the landlord, and for getting the consent they want where the landlord’s objections are unreasonable. For the landlord, documenting consent involves issues which if not addressed can create problems which may only emerge at the end of the lease, and which can have serious financial implications.

Module Duration: 1 hour 3 minutes

This webinar rounds up recent significant developments in commercial property management matters and considers the practical implications. It is aimed at all those advising on the management of commercial property, whether their client base is predominantly investors and developers, or occupiers.

Module Duration: 1 hour 18 minutes

Forfeiture is a landlord’s remedy for all types of tenant default which dates back centuries. With the passage of time the law has become complex, even absurd, and it can be unpredictable in its operation. On the other hand, it can be a quick, cheap and effective way of either recovering possession, or persuading a defaulting tenant to comply with its obligations. For some kinds of tenant default it is really the only effective course of action.

Module Duration: 2 hours 11 minutes

Dilapidations is a subject area which never goes away: in times of boom or bust, landlords need to maintain the value of their investment, and tenants need to restrict the impact of claims to ensure the landlord recovers no more than is properly due.

Getting to the best outcome is not just a matter of understanding and applying the law and procedure. The wider context and commercial objectives of the parties can be the key. Does the landlord have a buyer or a new letting lined up? How does that impact the calculation of the claim, and should the landlord structure the new transaction accordingly? What if a sitting sub-tenant intends to renew their lease? And what does the landlord really want?

Module Duration: 2 hours 10 minutes