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Learn Live expert panelInformation 5 UpdateInformation
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SRA Competency B

Introduction

Chaired by Jacqui Joyce, this live online conference will examine a range of important and topical issues.

Each session will provide opportunity for questions and answers.

Conference Agenda

This live and interactive 5-hour conference will cover the following:

10am-11am: Forfeiture: Where Are We Now?

Sarah Thompson-Copsey

The most draconian of the landlord’s remedies when dealing with tenant default, it is nonetheless fraught with potential pitfalls for the unwary.

This session offers tip to avoid the traps in light of recent case law and statutory changes, including:

  • Forfeiture & covid: where are we now?
  • When applying for relief within 6 months is no guarantee of success: lessons from the Court of Appeal in Keshwala v Bhalsod
  • Has the right to forfeit been triggered & lost? The knotty problem of alienation & waiver: Faiz v Burnley
  • Peaceable re-entry or forfeiture proceedings - which is really the best course of action?

11-12 noon: How to Prepare Effectively for Mediation

Jacqui Joyce

  • A brief recap on why you should mediate including the latest statistics
  • How to prepare properly for mediation
  • How to get the best out of the mediator and the day
  • Specific issues to think about in property disputes
  • Zoom v face to face
  • Compulsory mediation? The Civil Justice Council’s Compulsory ADR Report

Break for lunch

1pm-2pm: Tenant Insolvency

Rachel Coyle

This session will consider the various issues surrounding tenant insolvency and the relevant legislation.

Corporate

  • Part A1 Moratorium
  • Company Voluntary Arrangement (CVA)
  • Administration
  • Receivership
    • Administrative
    • Law of Property Act
  • Winding Up
    • Voluntary
    • Compulsory

Individual

  • Individual Voluntary Arrangement
  • Bankruptcy

Restrictions and Guidance

  • Corporate
    • Part A1 Moratorium
    • Company Voluntary Arrangement (CVA)
    • Administration
    • Receivership
    • Winding Up
  • Individual
    • Individual Voluntary Arrangement
    • Bankruptcy

2pm-3pm: Guarantees in Commercial Leases

John de Waal QC

This session will cover guarantees in commercial leases and will include:

  • A reminder of the principles surrounding the obtaining of and release from guarantees
  • The liability of co-guarantors with a particular focus on AGAs and GAGAs.

PM Break

3:15pm-4:15pm Right of First Refusal: Section 5 Notices and Purchasing the Freehold

Rachel Coyle

This session will consider what notices must be served when and on whom, and what the notice/s must contain.

This is not to be confused with enfranchisement.

The session is a must for those representing or who are themselves leaseholders, freeholders, management companies, regulated fair rent tenants or conveyancers.

  • What is right of first refusal?
    • This is not to be confused with enfranchisement
    • Prices set by landlord or at auction
  • The key components
    • The premises: ’ the whole or part of a building
    • Landlord/immediate landlord
    • Qualifying tenants: long leaseholders
  • Sale or transfer - disposal
    • When
    • Which section 5 notice
    • Who to serve?
    • What must be set out in the section 5 notice
    • Relevant timeframes
  • What happens if a section 5 notice is not served?
    • Section 3 notice by the new landlord
    • Section 11A notice request for information
    • Section 12 notices - which one
    • Relevant timeframes
  • What about subsequent and prospective purchasers?
    • The right of remedy remains
    • Section 18 notice

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.

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Learn Live | 31.05.2022

N/A | 10:00am - 4:15pm


Property Litigation - 2022 Virtual Conference

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May
31
2022
 
10:00am - 4:15pm

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Discounts are available for multiple places. If you have 5 or more people interested in participating in this virtual learning session please email us at information@mblseminars.com for more information.

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