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This activity has assisted other people in the following competencies: Technical legal practice


Full description

Commercial landlord and tenant law and practice remains a complex area of law, presenting many legal and practical challenges. As a commercial property litigator, it is essential you maintain an effective, up-to-date understanding of legislation and procedure.

This two-day course will give you a valuable grounding in the core practice areas of commercial property litigation, whether you are a solicitor or other practitioner dealing with commercial property disputes, and seeking to build up your litigation practice.

Key learning outcomes

  • Understand the Landlord and Tenant Act 1954 as it applies today
  • Effective enforcement of leasehold covenants pre and post 1996
  • Identify and effectively approach commercial property disputes

In this course, you will be taken through an in-depth review of the Landlord and Tenant Act 1954. This Act is fundamental to the management of commercial property, and from it a large proportion of your work is undoubtedly derived. However, as it is a highly technical piece of legislation, there are many traps for the unwary.

How should you deal with a dispute where the landlord opposes lease renewal on statutory grounds? How are disputes involving dilapidations, service charges and break options best approached as a litigator? What about contentious applications for landlord’s consent to dealings with the lease, the practicalities of trespasser eviction, and forfeiture of leases?

Our well known and respected expert in property litigation, Mark Shelton, will guide you through the 1954 Act and these issues, taking a firmly practical approach. The course considers the law and procedure where, for example, the landlord opposes lease renewal on each of the statutory grounds, and a range of other common areas of dispute you will likely have to deal with in practice.

What does this course cover?

This course will give you a firm grounding in the core areas for commercial property litigators, starting with the 1954 Act and covering common areas of dispute, including:

  • The basic concepts of the 1954 Act: the definition of a 'business lease'; and who is the 'competent landlord'
  • Procedure, and renewal terms
  • Tactics and requirements for opposing lease renewal
  • Service charges: common causes of dispute, the Code and section 20 consultation in mixed use developments
  • Enforcing leasehold covenants: the pre-1996 and post-1995 regimes
  • Break options: drafting and serving notices, payment of rent and interest, and conditional clauses
  • Interpreting repairing covenants, and conducting and settling dilapidations claims
  • Obtaining landlords’ consents: the formalities and pitfalls
  • Trespassers: the efficient conduct of court procedures, and adding value with practical measures for eviction, and preventing recurrent occupations
  • Avoiding inadvertent waiver of the right to forfeit; and a guide through the variety of relief jurisdictions


Lecturers

Mark Shelton

is a freelance legal trainer, having practised in major commercial law firms for 30 years. He qualified with Linklaters and has always specialised in property litigation. Mark was a Partner at Lawrence Graham and has acted for major property investors, financial institutions and leading retailers. He was a Professional Support Lawyer for a number of years, most recently at Eversheds LLP, working with the UK’s largest specialist real estate litigation team. He is a contributor to Estates Gazette, Property Week and Property Law Journal, the author of The Lease Guide website, and the author of books on Dilapidations and Landlord’s Consents.


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