1. COMMERCIAL LEASES Consolidation Lecture
Jennifer Slade
COMMERCIAL LEASES Consolidation Lecture

2. Exam Date: Tuesday 2nd June @ 9.30am
Commercial Leases Half Option LLB module
Exam Date: Tuesday 2nd 9.30am

3. Commercial Leases: Consolidation Today’s topics
Review – what have we covered and when?
Past paper – 2003 Exam
General comments on assessment

4. Consolidation Lecture: Review of topics covered
Lecture 1 – Introduction (Workshop 1)
Enforceability of leasehold covenants (revision of the rules)
Termination
Landlords remedies for non-payment of rent

5. Consolidation lecture: Review of topics covered
Lecture 2 (Workshop2)
Procedure on grant of a commercial lease
SDLT on leases
VAT on property and leases
Lecture 3 – lease drafting basics (Workshop 3)
Commercial lease drafting
Stand forms/precedents
Lease anatomy
Code of Practice for Commercial Leases
Lease of part and of whole
Prescribed clauses

6. Consolidation Lecture: Review of topics covered
Lecture 4 (Workshop 4)
The Parties
Habendum and Reddendum
The Parcels Clause
Lecture 5 (Workshop 5)
Rent
Rent Review

7. Consolidation Lecture: Review of topics covered
Self Study Week
Service charges
Tenants amendments
Lecture 6 (Workshop 6)
Alienation
Lecture 7 (Workshop 7)
Repairing covenants
Landlord’s remedies

8. Consolidation lecture: Review of topics covered
Lecture 8 (Workshop 8)
Alterations
User
Insurance
Lecture 9 (Workshop 9)
Landlord and Tenant Act 1954

9. Commercial Leases Past Paper
Assessment reflects focus of that year’s course.
Question 1 – Deleted, since asks about old law
It was about the procedure for contracting out, based on a court order being obtained (now replaced by notice procedure)

10. Commercial Leases Past Paper
Question 2 – this is about Mr Winship acting as guarantor (cl 6 – cite accordingly)
note Liability Period (cl 1.20)
he covenants to pay rent and perform covenants, if T defaults – also will take new lease following disclaimer
guarantee continues notwithstanding variation, giving time, etc (note general law)
Amendments – limit liability (e.g. none if T on an AGA), L to inform if T defaults, G to take part in rent review, T to assign to G if defaults

11. Commercial Leases Past Paper
Question 3 – rent review/user covenant
V. restrictive user (Cl 1.26/Sched 3 para – recruitment agency)
Widened at review (Sched 2 para 1.1)- use as offices – so unfair inflation of rent – delete

12. Commercial Leases Past Paper
Question 4 – Cl 3.27 – L’s release from liability
Explain that, unlike T, L is not released automatically when sells interest – L must apply to T (who has 4 weeks) – ss.6, Act
Clause means that if T objects must be reasonable
Nb – now L could use Avonridge clause?

13. Commercial Leases Past Paper
Question 5 – see workshop 7
Question 6 – deleted – odd question
Question 7 – T not occupying for 12 months
See Sched 3 para – T must not leave Premises unoccupied for more than 1 month without telling L, etc
So T could be in breach – discuss forfeiture

14. Commercial Leases Consolidation
Know your way around syllabus
Text
Lectures and Workshops
70:30 split (practical:MCQ’s)
Calculator!
MCQ’s
Best answer

15. Commercial Leases Consolidation
Go through advance documentation carefully
Note relationship between provisions
If asked about a provision, check (and report) its effect at rent review as well
Clauses can be acceptable as well as unacceptable – explain
Refer to relevant clauses in answers

16. Commercial Leases Consolidation
Key provisions of Acts
Key cases
“Amendments”
Describe and explain
Be commercial (Commercial and Business Aware!!)

17. Commercial Leases Consolidation
Good Luck!!!