Contracting Out - The Key Issues & Potential Reform

Introduction

The Law Commission is currently reviewing the Landlord & Tenant Act 1954. The next stage of the review will focus on whether the technical detail of the Act should be reformed, including potential reform to contracting-out procedure.

Reform to the contracting-out procedure is expected to be widely welcomed. What ought to be a quick and simple process has several potential problems, which are surprisingly technical and may require cumbersome work-arounds. It is an everyday procedure but getting it wrong may drastically affect the property valuation, or operational priorities for the property.

New cases such as Pretoria Energy v Blankney Estates continue to emerge, illustrating the difficulties in the procedure, and although guidance from the courts is welcome, amending legislation would be even more so.

This virtual classroom seminar will consider contracting-out comprehensively, in a way which applies common sense to the potential problems.

What You Will Learn

This live and interactive course will cover the following:

• Dealing with the unrepresented tenant
• Problems in identifying the lease in the declaration
• Authority to swear declarations on behalf of the tenant
• Pre-completion amendments to the form of lease
• More complex transaction structures
• Offer-back clauses
• Issues with surrender agreements

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.