With many markets struggling as a result of the economic downturn, the ability to maximise the return on property investment is crucial. Financial institutions have become less inclined to lend capital and more prone to enforcing their rights as creditors in order to limit unrecoverable losses. In addition to the fiscal difficulties, increased governmental pressure to reduce carbon emissions has led to various implications for existing commercial leases.
Development in the law concerning planning and dilapidations has also had wide reaching effects, affecting both landlords and tenants. The legal changes, and shifting economic trends, make it essential for practitioners to stay abreast of current decisions and developments. This series of webinars will facilitate an exploration and analysis of the important issues and their implications.
Forthcoming Webinars
Here is the schedule of forthcoming webinars for this practice area.
On Demand Webinars
Here is a list of previously broadcast webinars that are now available on demand.
23rd Feb 2011
Carbon Reduction Commitment and Green Leases
• CRC – it’s all change, so why comply?
• CRC- is it just another tax?
• And CRC – What next?
• Who pays for CRC – landlord or tenant?
• CRC and insolvency
• Green lease clauses – what are the barriers?
• CRC or feed in tariffs?
31st Mar 2011
Residential Leases – Including Residential Service Charges
This webinar covers:
• Landlord's remedies for breaches of covenant in long residential leases
• Service charges - Landlord's objectives v Lessees' obligations
• RICS Residential Service Charge Code
• Options available to "disgruntled" long lessees
• Applications to the Leasehold Valuation Tribunal
23rd May 2011
Options, Overage and Release Fees for Restrictive Covenants – in An Uncertain Market
This webinar will cover:
• Options: fees, pricing, when to use and comparison with pre-emption
• Overages: claw back, planning and sales overage and when to use
• Restrictive covenants: extracting value from land, selling subject to covenants and how to realise value by releasing
• Dispute considerations: ADR and Dispute Resolution Clauses, role of the Lands Tribunal in modifying and discharging covenants, lessons to be learnt
30th Jun 2011
Key Issues for Property Development – Including Village Greens and Access Rights.
This webinar will cover:
• What does the phrase “as of right” mean in the law of easements and village greens?
• What should land owners do to protect their land from the acquisition of third party rights?
• Whether land is being developed now, or at some point in the future, the success or otherwise of development is often dependent on how that land is managed on a day to day basis
• The registration of land as town or village greens is increasingly prevalent and recent decisions by the Supreme Court / the House of Lords have only made registration more likely- which effectively prevents development
• Developers must be vigilant to avoid third parties acquiring rights over their land; whether by adverse possession or by easements being acquired by prescription (such as rights of way or light)
27th Sep 2011
Property Tax
This webinar covers:
• SDLT planning update
• Tax pitfalls and opportunities when advising developers
• Pooling land prior to sale (for development) and related issues
• Holding and fund structures
• VAT
• OpCo/PropCo structures and SDLT
24th Oct 2011
Commercial Disrepair and Dilapidations – Tactics and Remedies
Recently, the commercial property sector has been in flux, both in terms of economics and legality. This webinar seeks to provide tactical and remedial advice in relation to commercial disrepair and dilapidations issues, from eminent professionals within the field. Among other pertinent issues, they will impart advice on actions under Section 18 of the 1985 Act concerning the assessment of loss, an up to date analysis of the concept of ‘disrepair’ and insight into the benefits of ADR in commercial property disputes.
This webinar covers:
• Protocols, guidance notes and the CPR
• What constitutes disrepair? - the latest caselaw
• s18 and assessments of loss
• Alterations
• Loss of rent claims
• Recovering costs
• Impact of the market
• Mediation, determination or arbitration - or something else?
23rd Nov 2011
Property and Insolvency 2011
When a tenant or developer is faced with insolvency, it can have a draconian impact on landlords and guarantors. This webinar will look at the remedies available in a variety of situations and provide practical guidance and advice on the insolvency process and explain the current position regarding CVAs.
This webinar covers:
• Impact of tenant insolvency on landlord remedies
• Disclaimer
• Drawing down on rent deposits in an insolvency situation
• Pre-pack sales - the latest position
• Rent as an expense of the insolvency process
• Discharge of guarantees on a CVA
• Impact of insolvency on development agreements
20th Feb 2012
Bank lending and bank enforcement
This webinar will cover:
· Creditors’ actions including appointment of receivers and enforcing charges
· Outline changes concerning how banks/lenders assess credit – an update of the trends;
· Overriding interests/undue influence.
· Practical issues of instructing LPAs;
· Things to check before enforcing a charge;
· Understanding the role of LPA receivers and administrators.
