Podcast Location:
Download it here [file size: 42.4 MB]
Categories:
Real Estate & Property Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast aims to ensure that legal practitioners are familiar with waiver in the context of the forfeiture of leases.

Outcomes:
After completing the course you will:
  • Understand why the doctrine of waiver generates such interest and commentary;
  • Know what term ‘waiver’ actually means;
  • Know what is not a waiver;
  • Understand what the basic elements of waiver are;
  • Be aware of how you determine whether a waiver has taken place;
  • Understand what a landlord has to know in connection with their right of re-entry if they are to waive such a right;
  • Be aware of the timing of an election in respect of a landlord’s right of re-entry;
  • Know what approach the Court takes to waiver where there is a demand and acceptance of rent by a landlord;
  • Understand what acts that may constitute a waiver;
  • Be aware of the effect of a waiver.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Introduction
Legal Principles
Sources and References:
  • Matthews –v- Smallwood [1910] 1 CH 777;
  • Cornille v. Shah (1996) 72 P&CR 147;
  • Greenwich LBC –v- Discreet Selling Estates (1991) 61 P. & C.R. 405;
  • Seahive Investments Ltd v. Osibanjo [2008] EWCA Civ 1282;
  • Yorkshire Metropolitan Properties v. Cooperative Retail Services [2001] 2 L&TR 298;
  • Chrisdell v. Johnson (1987) 19 HLR 406;
  • Re A Debtor (13A10 of 1995) – All E Law Reports;
  • David Blackstone Ltd -v- Burnetts (West End) Ltd [1973] 1 WLR 1487;
  • The Law of Property Act 1925.
Tags:

In this CPDcast, Toby Watkin, a barrister at Landmark Chambers, looks at waiver in the context of the forfeiture of leases. Toby concentrates on what is meant by the term ‘waiver’ and its basic elements. He then focuses on how it can be determined whether a waiver has taken place and various acts that a landlord may take that might constitute a waiver.

This course (podcast plus test) is accredited with 1 CPD hour for barristers at the Bar of England and Wales.

This course (podcast plus test) is accredited with 1 CPD point (0.5 for the podcast and 0.5 for completion of the test) for solicitors and legal professionals.

Podcast Length: 30:49

Date Recorded: 17th July 2015

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