LAW7009

Commercial leases ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: T.B.A.

Offered:
Not offered in 2005.

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.

Objectives: Upon completion students should (1) have a general understanding of the laws regulating the rights and duties of landlords and tenants in a commercial lease; (2) have a detailed understanding of the law and the way in which it is applied with respect to a number of areas of current interest and concern in the area of commercial leases; (3) be able to identify or find relevant principles, laws and precedents and apply them to resolve current problems relating to a range of relevant transcations; (4) have developed legal research and writing and legal skills by undertaking systematic research into legal policy and rules pertaining to the commercial lease; and (5) have developed skills of oral presentation in an interactive seminar context.

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

Contact Hours: One 2-hour seminar per week

Prerequisites: LAW2100, LAW3400