Contracting Out - Potential Problems & the Opportunity for Reform

Introduction

With attention beginning to focus on the Law Commission’s forthcoming review of the Landlord & Tenant Act 1954, one aspect of the Act which is widely considered ripe for review is the procedure for contracting-out. 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 every-day 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 webinar will consider contracting-out comprehensively, in a way which applies common sense to the potential problems.

What You Will Learn

This webinar 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

This webinar was recorded on 13th May 2024

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