Contracting-out of business tenancies – the developing caselaw

With attention beginning to focus on the Law Commission’s forthcoming review of the Landlord & Tenant Act 1954, one aspect of the Act which is widely considered ripe for review is the procedure for contracting-out. What ought to be a quick and simple process has several potential problems, which are surprisingly technical and may require cumbersome work-arounds. It is an every-day procedure but getting it wrong may drastically affect the property valuation, or operational priorities for the property.

New cases such as Pretoria Energy v Blankney Estates illustrate the difficulties in the procedure, and although guidance from the courts is welcome, amending legislation would be even more so. This webinar will consider contracting-out comprehensively, in a way which applies common sense to the potential problems.

You will cover the following:

• Dealing with the unrepresented tenant
• Problems in identifying the lease in the declaration
• Authority to swear declarations on behalf of the tenant
• Pre-completion amendments to the form of lease
• More complex transaction structures