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

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.

There are few issues which raise temperatures so much between landlord and tenant, as a landlord passing on its legal and surveying costs to the tenant

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.

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.

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.

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.

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.

2015 brought many interesting developments in the field of commercial property management law, with significant practical implications. This review of the year helps the busy practitioner to keep their knowledge up-to-date, and ensure they don’t miss out.

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.

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.

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.

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.

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.

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.

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.

 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.