LAW7009 - Commercial leases

Leader: T.B.A.

Offered

Not offered in 2008

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