Commercial Property Leases: Shaping New Law into Solution Focused Answers for Clients

Tue 10 October 2017

The Caledonian Club 9 Halkin Street London SW1X 7DR

Answers to 13 Thorny Questions: Directly from 8 of the UK's Most Experienced Real Estate Lawyers

5hrs CPD

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  1. Registration and coffee

  2. Chairman's Introduction

    Commercial Property Leases: Shaping new law into solution focused answers for clients

    Chaired by: Mark Loveday of Tanfield Chambers

    Mark is co-author of "Rent Review: A Surveyor's Handbook". His column on property law appears in The Times every Friday. He is a former Real Estate Barrister of the Year.

  3. Default

    To what extent are the courts allowing any one party to gain an edge in the event of tenant default and forfeiture, both in and out of insolvency?

    Answered by: Andrew Walker QC

    Andrew is Vice-Chairman of the Bar (he will be Chairman in 2018). He has "a wonderful and tremendous mind" and "provides first-rate advice on all real estate matters".

  4. ​Dilapidations

    Who pays for the dilapidations, from the perspective of a head tenant termination and a subtenant remaining in place on a new lease of part or whole?

    Answered by: Guy Fetherstonhaugh QC

    Guy is "genuinely pre-eminent" - "he may be the best real estate disputes counsel in the country". He acted in the high-profile Marks & Spencer v BNP Paribas break clause case.

  5. Morning coffee

  6. ​Consent

    When does the landlord inadvertently waive a continuing once and for all breach by the tenant (e.g. a sub-let or assignment)?

    Where does estoppel fit in?

    Answered by: Martin Hutchings QC

    Martin is a former "Real Estate Silk of the Year”. He is a "dream to work with". He represented the claimant in London & Regional v Corradi, a 1954 Act redevelopment case.

  7. ​Renewal

    Drawing on live cases, what is the capacity of a landlord to use (1) redevelopment or (2) alternative accommodation as reasons for denying lease renewals?

    Answered by: Joanne Wicks QC

    Joanne "has outstanding talent". She acted for Josephs of Bond Street against fashion designer Stella McCartney in a case over the development of a flagship store.

  8. Over-run

  9. Lunch

  10. ​Break clauses

    What are the cases telling you about the construction and practical implications of break clause conditions, i.e. compliance, rent paid, possession?

    Answered by: James Styles of Stephenson Harwood

    James is “a class act” - "known for his clear, concise and commercial solutions". He is advising high profile investors, companies and funds on all aspects of real estate law.

  11. ​Rent Review

    When the lease contains a mixed range of Rack Rent and Turnover Rent provisions; how do these interact for Rent Review purposes going in both directions?

    Answered by: Brie Stevens-Hoare QC

    Brie is "the go-to silk for heavyweight property work". A “top performer” and “great courtroom advocate”, she has extensive experience dealing with rent reviews.

  12. Excluded leases

    How easy is it for an excluded lease to morph into a new protected tenancy and with what implications for the normal conduct of business between landlords and tenants?

    Answered by: John de Waal QC

    John is Legal 500's "Real Estate Silk of the Year 2017". He is "just very good at what he does". He acted in the high-profile Parking Eye v Beavis litigation in the Supreme Court.

  13. Over-run

  14. Close of conference

** All speaker quotes are taken from Chambers Directory, Who's Who Legal and Legal 500