Commercial Property Leases: Shaping New Law into Solution-Focused Advice for Your Clients
Court-Proven, Solution-Focused Answers to the 7 Thorniest Legal Matters Facing Experienced Practitioners: Directly from Top-Rated KCs and Solicitors
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Programme
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Chair'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 advises household name clients on all aspects of real estate law.
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Renewals
How far can you push the court when opposing lease renewals on redevelopment grounds, including the actual extent of the work, their effect on the premises, and the need for early expert reports and disclosure?
Answered by Caroline Shea KC
Caroline is “one of the brightest barristers out there.” “She comes up with technically excellent and commercially astute points and doesn’t sit on the fence.”
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Dilapidations
What is the latest judicial thinking on dilapidation clauses and repairing obligations, in particular what constitutes disrepair, and the impact on client advice?
Answered by Michael Pryor of Maitland Chambers
Michael is "one of the most effective advocates who rolls up his sleeves and cuts through the detail". "He is straight-talking with excellent technical abilities, and very good on his feet."
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MEES/EPC
How do you control – and overcome – the difficulties with MEES/EPC in commercial tenancies? Who carries out the work, pays for it, and is liable? How might minimum standards evolve?
Answered by Guy Fetherstonhaugh KC
Guy is “the undisputed heavyweight champion of the property litigation world - genuinely pre-eminent.” He is a co-author of the “Handbook of Rent Review.”
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Forfeiture
How has Tropical Zoo v Hounslow London Borough Council [2024] changed existing thinking on waiving the right to forfeit a lease?
Answered by Julian Greenhill KC
Julian is “a fantastic operator known for his expertise in handling real property and landlord and tenant cases.” He acted in Tropical Zoo v Hounslow London Borough.
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Insolvency
How much leeway do landlords have to protect their position and enforce their rights when tenants become insolvent or enter restructuring regimes, backed up with practical examples?
Answered by Camilla Lamont of Landmark Chambers
Camilla is “excellent at steering through the litigation minefield.” Twice named Real Estate Junior of the Year, she has considerable experience in tenant default and insolvency issues.
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Break Clauses
Where is the room for manoeuvre over break clauses, looking at vacant possession, reinstatement, and obligations to remove chattels and fixtures, supported by case law and practical examples?
Answered by Andrew Walker KC
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.
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Fire Safety
What are the legal and practical options for carrying out fire safety remedial work? Can the costs go via service charges, does the work qualify as landlord repairs or improvements, and can lessees claim for loss and disruption?
Answered by Christopher Heather KC
Christopher is “razor sharp, incredibly responsive and a go to KC.” He acted in a significant dispute over liability for fire safety works under the Building Safety Act 2022.
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