Commercial Property Leases: Shaping New Law into Solution-Focused Advice for Your Clients

Break clauses

Where are the grey areas over break clauses, looking at (1) vacant possession, (2) reinstatement, (3) obligation to remove tenant's chattels and fixtures?

Answered by: Guy Fetherstonhaugh QC of Falcon Chambers

Guy is "a legend of the real estate Bar - genuinely pre-eminent - at the top of his game." He acted in S Franses v The Cavendish Hotel and co-wrote the ‘Handbook of Rent Review’.

CVAs

What is the potential for landlords to challenge CVAs for abuse of process and inequitable treatment of creditors?

Answered by: Nicholas Trompeter QC of Selborne Chambers

Nicholas is “a fast rising star,” “razor-sharp,” who “handles top-level work.” He was “Real Estate Barrister of the Year” 2019 and will take silk in March 2021.

Restrictive covenants

What are the unresolved issues - legal and practical - concerning restrictive covenants and s.84(1) following the Supreme Court's decision in Alexander Devine v Housing Solutions [2020]?

Answered by: Martin Hutchings QC of Wilberforce Chambers

Martin is "an outstanding real estate silk, utterly dedicated to his cases and a joy to work with." He acted in the Supreme Court in the Alexander Devine v Housing Solutions litigation.

Yielding-up

How far can you push the line over yielding up obligations in the leases following Pullman Foods Ltd v The Welsh Ministers?

Answered by: James Hanham of Maitland Chambers

James acted in Pullman Foods Ltd v The Welsh Ministers. "He rolls up his sleeves and gets on with things; he is reliable and user-friendly and goes the extra mile."

Termination

With tenants seeking reduced rents, how can you gain an edge for clients when drafting and serving s.25 and s.26 notices?

Answered by: Caroline Shea QC of Falcon Chambers

Caroline is “one of the brightest barristers out there.” "She tells it how she sees it, doesn’t sit on the fence and comes up with technically excellent and commercially astute points."

Renewals

Who is calling the shots when it comes to post pandemic ’54 Act lease renewals?

Are “Covid clauses” suspending rents, short term leases and break clauses the new normal?

Answered by: James Styles of Stephenson Harwood

James is “immensely experienced, a great communicator and at the forefront of developments.” He is actively advising household name clients on all aspects of real estate law.

Forfeiture

How will the judicial approach to forfeiture change once the temporary Coronavirus measure is lifted?

Where will the challenges come from?

Answered by: Andrew Walker QC of Maitland Chambers

Andrew is "one of the UK's most gifted real estate litigators.” “Phenomenally smart and commercial, his advice is very much in demand." He served as Chairman of the Bar for 2018.