Simon Gore Consulting Ltd
8 Upper Street, Oakley, Diss, IP21 4AX
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Topics - registration from 8.45am
9.30am Nuisance – landlords developing around tenants in occupation
- Landlord’s freedom to develop – general rights
- When exercise of rights becomes a nuisance
- Reserved right to develop retained land – carte blanche?
- Relationship with covenant for quiet enjoyment and non derogation from grant.
- Relevance of use to which redeveloped retained land will be put
- Remedies – injunctions vs damages
Caroline Shea QC, Falcon Chambers
10.10am Applications to modify restrictive covenants under section 84 of the
Law of Property Act 1925”
- What is the point of the jurisdiction?
- On what grounds can an application be made?
- What is the Tribunal’s approach to those grounds?
- When will an application succeed?
- Examples of successful and unsuccessful applications.
Tom Weekes QC, Landmark Chambers
10.50am Disposal of Interests in Mixed Developments – Tenants’ Right of First Refusal?
- What is the right of first refusal?
- Who, when and how can it be exercised?
- What can the tenants acquire?
- The parts of the development
- The interest
- The terms
- Avoidance options
Brie Stevens-Hoare QC, Hardwicke Chambers
11.00am Morning Break
11.20am Reasonable endeavours oligations works
- Reasonable endeavours, all reasonable endeavours, best endeavours - what's the difference
- Not second best endeavours - the standard
- The object and objective criteria
- Own interests
- Futile acts and repetition
Zia Bhaloo QC, Enterprise Chambers
12.05pm Party Walls Case Update
-Special Foundations and underpinning. When does s.7 (4) of the Act apply?
-Design changes and the need to serve fresh s.3/s6 notices.
-Surveyors-can resignation be challenged?
-Refusal to appoint a surveyor.
-Selection of Third Surveyor
-Delegation of Surveyor's functions.
-Inconvenience-who decides if it is unnecessary?
-Direct enforcement of awards
Stephen Bickford-Smith, Landmark Chambers
12.45pm Over-run/ Questions / Lunch
14.00 New business tenancies – a new look at fairness for the landlord
- Can the tenant have as short a lease as it wants?
- If so, how can the statutory policy be sensibly applied?
- How should the Court weigh hardship to the landlord?
- Are the landlord’s policy and market practices relevant?
- What security should landlords enjoy in their rights?
- Can the Court consider wider public policy?
Rupert Reed QC, Serle Court Chambers
14.30 Business Tenancies – Planning for redevelopment during the property market cycle – s.30(1) ground (f) demolition or reconstruction. Getting the landlord’s ducks in a row to oppose a new tenancy, or renewal with a redevelopment break clause? An overview of the strategic, tactical and evidential issues that arise from the perspective of both the landlord and the tenant with particular focus on planning law, policy and procedure
Clive Moys, Radcliffe Chambers
15.00 Afternoon Break
15.15 Latest on rights to light cases
- What is new in the world of rights of light?
- Consents and development clauses – what do they mean?
- Landlord and tenant – who can and cannot assert a right of light?
- Releases and deals – what should I watch out for?
- Measurement of loss – should I use the radiance assessment?
Andrew Francis, Serle Court Chambers
16.00 Defining what is a tenant (Watts v Stewart)
Philomena Harrison, Maitland Chambers
Property Litigation 2017
Annual Conference, 5th October, 9am - 5pm
3 for 2 Group Offer - 6 CPD Hours
Only £165 per person to attend