Complex Lease Terms – latest trends in commercial property leases

Sessions 1 - 3 are now complete. To join the course and catch up ahead of Session 4, please click here. 

Session 1: ​Heads of Terms, length of leases and the Leases Code

• Ensuring the Heads of Terms are in enough detail, relevant and right for the current market
• What should be added to the Heads of Terms that can make all the difference to lease negotiation – issues to consider earlier in the process
• Update to the Lease Code
• Length of leases and security of tenure – minimising the potential problems down the line when it might be too late to do anything about them
• Impact of shorter lease terms on both parties

• Break clauses – what’s realistic and what’s not?  What’s achievable and what’s not?
• Conditionality in Break Clauses
• Impact of the Lease Code
• Rent review – a comparative study of the different types of rent review
• Ways to vary rent and emerging trends
• Impact of COVID-19

Session 3: ​Alienation & Energy efficiency standards

Alienation:

• Rights to assign
• Rights to underlet
• Occupation sharing provisions
• Restrictions in the current market and likely trends

Energy efficiency standards:

• Minimum Energy Efficiency Standards (MEES) clauses
• Important compliance in commercial property
• What further legislation is in the pipeline?

Session 4: ​Uninsured damage & Service Charges

Wednesday, 14 October: 10.00-11.15

Uninsured damage:

• The impact of agreeing or not agreeing to Uninsured Damage Provisions
• Negotiation between parties and getting the balance right between tenant and landlord

Service Charges:

• A review of the Service Charge Code
• Service Charge Caps