Jennifer Slade
Commercial Leases Half Option LLB module
Review – what have we covered and when?
Past paper – 2003 Exam
General comments on assessment
Lecture 1 – Introduction (Workshop 1)
Enforceability of leasehold covenants (revision of the rules)
Termination
Landlords remedies for non-payment of rent
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
Lecture 4 (Workshop 4) The Parties Habendum and Reddendum The Parcels Clause
Lecture 5 (Workshop 5) Rent Rent Review
Self Study Week Service charges Tenants amendments
Lecture 6 (Workshop 6) Alienation
Lecture 7 (Workshop 7) Repairing covenants Landlord’s remedies
Lecture 8 (Workshop 8) Alterations User Insurance
Lecture 9 (Workshop 9) Landlord and Tenant Act 1954
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)
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
Question 3 – rent review/user covenant V. restrictive user (Cl 1.26/Sched 3 para
3.1.1 – recruitment agency) Widened at review (Sched 2 para 1.1)-
use as offices – so unfair inflation of rent – delete
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, 8 1995 Act
Clause means that if T objects must be reasonable
Nb – now L could use Avonridge clause?
Question 5 – see workshop 7 Question 6 – deleted – odd question
Question 7 – T not occupying for 12 months See Sched 3 para 3.1.2 – T must not leave
Premises unoccupied for more than 1 month without telling L, etc
So T could be in breach – discuss forfeiture
Know your way around syllabus Text Lectures and Workshops
70:30 split (practical:MCQ’s)Calculator!MCQ’s
Best answer
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
Key provisions of ActsKey cases“Amendments”
Describe and explainBe commercial (Commercial and
Business Aware!!)
Good Luck!!!
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