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

Chairman's introduction

Commercial Property Leases: Shaping new law into solution-focused advice for your clients

Chaired 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.

Arrears

What is the Commercial Rent (Coronavirus) Bill's potency for recovering arrears from commercial premises?

How will the mandatory arbitration process work and impact debt claims?

Answered by: Guy Fetherstonhaugh QC

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’.

Renewals

What are the practical and legal implications of the shift in approach to renewals for clients, e.g., pandemic suspension clauses, shorter terms, turnover rents, additional break options?

Answered by: Caroline Shea QC

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.”

Possession

Against a background of recent and live cases, where is the room for manoeuvre for a landlord seeking the surrender, assignment, termination or forfeiture of a lease?

Answered by: Philip Rainey QC

Philip is "regarded as one of the Bar's finest property silks.” “He is cool, calm and collected and thinks on his feet in the face of extremely complicated and unique points of law.”

Break Clauses

How far can you push the court over break clauses, looking at (1) vacant possession, (2) reinstatement, (3) obligation to remove tenant's chattels and fixtures?

Answered by: Andrew Walker QC

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.

Restructuring

When will insolvency law powers turn the scales in your clients' favour over CVAs and other restructuring vehicles, and what are the associated risks?

Answered by: Raquel Agnello QC

Raquel sits in the High Court as a Deputy Insolvency and Companies Court Judge. “She is creative, thinks out side the box and is particularly sought after for complex restructuring cases.”

Restrictive covenants

Weighing up all the practical scenarios, how do you gain an edge for your developer clients in relation to restrictive covenants and s.84, following the spate of recent cases?

Answered by: Martin Hutchings QC

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.

Dilapidations

What is realistic and achievable for landlords and tenants in the final stages of a lease over repairing obligations, dilapidations clauses, supported by case-law and practical examples?

Answered by: Nicholas Trompeter QC

Nicholas is “a fast rising star,” “razor-sharp,” and a “Real Estate Barrister of the Year.” He acted in the Supreme Court in Hurstwood Properties v Rossendale BC over rates on empty properties.