Podcast Location:
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Categories:
Commercial Property
Residential Property
CPD Points:
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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this podcast Thomas Jefferies from Landmark chambers discusses lease extension claims under the Leasehold Reform Housing and Urban Development Act 1993. As most solicitors will be aware, lease terms are normally successfully negotiated without ever needing to trouble the Tribunal. But what happens when an agreement can’t be reached and the Tribunal is called on to decide? This podcast offers some useful guidance to help practitioners chart a path through some of the common issues that can arise when negotiating lease terms.

Outcomes:
After completing the course you will:
  • Be familiar with the relevant statutory provisions and the legal framework governing lease extensions;
  • Have considered the guidance on the application of the statutory provisions and the principles that can be derived from it;
  • Have considered the practical application of these provisions;
  • Understand the significance of the head-lease to the terms of a new underlease;
  • Understand the significance of other new leases in the building;
  • Know whether an individual should agree to a lease extension outside of the Leasehold Reform Housing and Urban Development Act 1993;
  • Know how to approach covenants against assignment;
  • Be familiar with the procedure for resolving disputes as to lease terms in the LVT;
  • Know how to advise both landlords and tenants in these cases.
Level:
Specialist Difficulty: 5 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • 13 Parsifal Road, LON/00AG/OLR/2007/0209;
  • 26 Cadogan Square, LON/00AW/OLR/2008/0940;
  • 61 Cadogan Square, and LON/NL/3188/04;
  • Cadogan Estate LON/NL/4214 and LON/NL/5416;
  • Cairnplace v CBL [1984] 1 WLR 696;
  • Finance Act 2009;
  • Flat 5, 70/72 Cadogan Square, 25.6.08 LON/NL/3188/04;
  • Gordon v Church Commissioners LRA/110/2006;
  • Howard de Walden Estates v Aggio [2008] UKHL 44;
  • Landlord and Tenant (Covenants) Act 1995;
  • Leasehold Reform Housing and Urban Development Act 1993;
  • London Borough of Tower Hamlets v Barrett [2005] EWCA Civ 923;
  • Nailrile v Cadogan LRA/114/2006.

In this CPDcast Thomas Jefferies from Landmark chambers discusses lease extension claims under the Leasehold Reform Housing and Urban Development Act 1993 and provides guidance and decisions on the common issues that can arise when negotiating lease terms.

Date Recorded: 3rd April 2012

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