Online CPD Module l Booklet l PowerPoint Presentation
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Online CPD Module
Presentation time: 90 minutes
There is a high use of standard forms in a commercial leasing context, but a standard form does not necessarily deal adequately with all the complexities of a particular transaction. There can be misunderstandings between landlords and tenants (and, occasionally, their advisers) as to the interpretation of certain standard provisions.
Key features of commonly used standard forms and tips for review will be covered. The aim is to provide participants with a framework of what they should be thinking about when considering a commercial lease and the circumstances in which a more bespoke form of lease should be considered.
This webinar will give you an overview of the benefits and risks of using standard form leases and highlight when this is appropriate, when it is not, and the associated implications.
Topics to be covered will include:
- Key features of standard form leases, including:
– Maintenance and outgoings provisions in leases – who undertakes maintenance and who pays
– Shopping centre leases and sinking funds
– Premises condition reports.
- Matters to consider when leasing off-plan, for both landlords and tenants.
- The impact of earthquake strengthening requirements on lessor and lessee relationships.
- Case law update and recent trends and developments in commercial leasing.
After this module you will have:
- An appreciation of the issues to look for when using a standard form lease and when to consider using a more bespoke form of lease.
- An understanding of key aspects of commercial leases.
- An overview of recent case law in the context of commercial leases.
Please contact us if you use a dial up internet connection.
Authors: Paul Calder, Karen Overend
Published: 14 October 2015
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Leases are important – they are long-term, binding commitments. They are likely to be the largest investment that a tenant will make in its business. A well drafted lease can make the difference between a business succeeding or failing.
For a landlord, a lease represents and protects a major asset, being not only the property itself, but the rental revenues reflecting a large source of income.
Leasing is one area of law that currently relies very much on standard forms. This was not always the case, and experienced practitioners will recall the days when every landlord had a bespoke lease drafted for its properties.
Although to a large extent leasing has now been standardised, we wonder whether this has become too prevalent. As each landlord and tenant is different, very few commercial leasing situations will exactly fit the standard forms currently available on the market. There is also a tendency for clients to sign up to a standard form, without necessarily realising the effect of certain provisions in that form.
While the standard form leases available provide an excellent base, it is important to carefully consider the circumstances of the landlord and tenant (and the relevant premises). It is also necessary to consider whether the lease needs to be customised to fit the needs of the relevant parties and reflects the commercial reality of the premises being leased.
These are the slides included in the webinar presentation.
Number of Slides: 24