Commercial Property Practice: An Expert Guide

Commercial Property Practice: An Expert Guide is an easy-to-reference guide, providing essential advice to help commercial property lawyers remain at the top of their game. Broken into a series of direct and insightful articles from a range of expert practitioners and consultants, this guide not only brings you up to speed with the latest developments in commercial property law and practice, it also delves into some of the more challenging and related areas that commercial property solicitors should be familiar with, such as charities law, litigation, and tax.

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Details

  • Publication date: August, 2015
  • Pages: 100
  • ISBN: 9781783582112

Description

The commercial property sector is booming in the UK, with a record £70.7 billion invested in 2014.  As the economy recovers, businesses expand, and employment picks up, solicitors working in this area must ensure they provide the value-added services clients increasingly demand and comply with the SRA’s competency framework while managing growing workloads. This guide is designed to help practitioners achieve these aims.

Commercial Property Practice: An Expert Guide is an easy-to-reference guide, providing essential advice to help commercial property lawyers remain at the top of their game. Broken into a series of direct and insightful articles from a range of expert practitioners and consultants, this guide not only brings you up to speed with the latest developments in commercial property law and practice, it also delves into some of the more challenging and related areas that commercial property solicitors should be familiar with, such as charities law, litigation, and tax.

Designed to aid solicitors in their everyday practice, you’ll find information and guidance here on a range of key topics, from drafting leases, to managing the risks relating to money laundering and terrorist financing, to boosting your business development and marketing activities.

Contents

Commercial property update 2015
By Miri Stickland, property business support lawyer, Forsters LLP

  • Repeat guarantees
  • May I have your autograph?
  • At breaking point
  • Service charge shocker
  • Making a nuisance of yourself
  • Prescriptive rights and wrongs
  • Public procurement
  • Regulatory reforms we have seen
  • And those we haven’t (yet)
  • Land Registry
  • Professional conduct
  • And finally

 

Commercial landlord and tenant update
By Daniel Gatty, barrister, Hardwicke

  • A miscellany of recent cases
  • Lease renewal
  • Forfeiture
  • Break clauses
  • Rent following a tenant’s administration

Paying rent: When, how much, and what for?
By Mark Shelton, commercial property management law trainer

  • When rent is due
  • Late and early payment
  • Apportionment of rent
  • Apportionment and different methods of lease termination
  • Waiver of the right to forfeit, and the rules on appropriation
  • A case for reform?

Issues to consider from a tenant’s perspective when considering
vacating premises
By Lesley Robinson, partner, head of Real Estate Disputes, and William
Scott, senior associate, Bates Wells Braithwaite

  • Break option
  • Do what the lease says: Common-sense does not prevail!
  • Cashback or the prepayment of rent for periods after the break date
  • Demise
  • Moving out and vacant possession
  • Repairs and dilapidations
  • Assignment
  • Relief from forfeiture
  • Conclusion

Issues to consider from a tenant’s perspective when considering
vacating premises

By Lesley Robinson, partner, head of Real Estate Disputes, and William
Scott, senior associate, Bates Wells Braithwaite

  • Break option
  • Do what the lease says: Common-sense does not prevail!
  • Cashback or the prepayment of rent for periods after the break date
  • Demise
  • Moving out and vacant possession
  • Repairs and dilapidations
  • Assignment
  • Relief from forfeiture
  • Conclusion

Contractual drafting to deal with environmental issues
By Malcolm Dowden, director, Gwentian Consulting Limited

  • A regime of last resort
  • Liability for remediation
  • Drafting for Part 2A
  • Payment for remediation
  • Warning – Related companies
  • Beyond contaminated land
  • What next?

An Englishman’s home is his castle (unless your neighbour can say
otherwise)

  • By Robert Kelly, commercial business development manager, Stewart Title
  • How indemnity insurance can help you deal with restrictive covenants
  • How do restrictive covenants affect land?
  • Is it restrictive or positive?
  • How can a restrictive covenant be removed?
  • How does restrictive covenant indemnity insurance help an owner?
  • What does an insurer need to see?
  • Can you get insurance for a future breach?
  • Insurance or release?

A guide to capital allowances on fixtures for commercial property
solicitors

By Rachel Sanders, director, head of financial & economic consulting,
AECOM

  • Buyer beware
  • The new fixtures rules
  • The role of the property solicitor acting for the buyer
  • The role of the property solicitor acting for the seller
  • Final considerations

Risky business: Answering questions on construction insurance
By Chris Holwell, head of construction procurement, Freeths LLP

  • PII
  • Non-negligent damage insurance
  • Delay insurance

Know the warning signs: Money laundering in commercial property
practice

By Tracey Calvert, director, Oakalls Consultancy Limited

  • What needs to be done to ensure that there is a robust but proportionate
  • response to the risks in the commercial property department?
  • What are the warning signs which are particularly relevant in the commercial property sphere?
  • Top tips to ensure an appropriate response to the risk of money
  • laundering in the commercial property department

An introduction to charity land transactions
By Jane Lonergan, partner and notary public, Wilsons Solicitors LLP
Types of charity
Forms of charity
Charity trustees
The Charity Commission
Official Custodian for Charities
Some terms specifically used in charity land transactions
Disposals of land by a charity
Acquisitions of land by charities
Mortgages
Further information (and bibliography)

Getting the best return from your marketing efforts
By Douglas McPherson, director, Size 10½ Boots

  • Getting more work from your – and your firm’s – current client base
  • Getting more work from your professional contacts
  • Winning more new business
  • Improving your visibility
Download chapters

Authors

Malcolm Dowden
An experienced real estate and environmental lawyer, and an internationally accredited legal training provider.
Daniel Gatty
Daniel Gatty is a barrister at Hardwicke Chambers and specialises in property litigation.
Chris Holwell
Chris Holwell is the partner who heads the Construction Procurement team at Freeths LLP.
Robert Kelly
Commercial business development manager, commercial property lawyer
Jane Lonergan
Jane Lonergan is a Commercial Property partner at Wilsons Solicitors LLP, a leading charity firm based in Salisbury and London.
Douglas McPherson
Director, Size 10½ Boots
Lesley Robinson
Lesley is head of the Real Estate Disputes team at Bates Wells Braithwaite and acts for many commercial, charity, and not-for-profit clients
William Scott
William Scott is a senior associate at Bates Wells Braithwaite, advising a wide range of clients from multinationals to small family-run business
Mark Shelton
Has worked in major commercial law firms, a property litigator at Linklaters, and a partner at Lawrence Graham.
Miri Stickland
Miri is a property business support lawyer in the Commercial Real Estate group at Forsters.

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