LAW7009

Commercial leases

(LAW)

Associate Professor Susan MacCallum

6 points + One 2-hour seminar per week + City + Prerequisites: LAW2100, LAW3400

Synopsis: An analysis of the problems arising in a determination of the subject matter of the lease. A study of the agreement for lease. A consideration of assignment by lessor or lessee and its effects e.g. the enforceability of covenants in the lease by and against mortgagees after assignment; the effect of assignment under the Retail Tenancies Act 1986. An analysis of problems arising in the interpretation of some common covenants eg. Outgoings; repairs, quiet enjoyment; insurance; user; options. A consideration of rent and rent review clauses. A consideration of default and remedies. Specific reference to relevant legislation eg. Retail Tenancies Act 1986 is included in all sections.

Assessment: Supervised examination (1.5 hours): 50% + Research paper (3000 words): 40% + Class participation: 10%