LAW7009

Commercial leases

Associate Professor Susan MacCallum and Dr Clyde Croft

One 2 hour seminar per week
* Second semester
* City
* Prerequisites: LAW2100 and LAW3400

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 transactions; (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.

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, eg 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 convenants, eg outgoings; repair, 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 included in all sections.

Assessment Research paper on a topic to be approved (4000 words): 40%
* Class participation/presentation: 10%
* Supervised examination: 50%

Texts

Croft C E Retail tenancies under Retail Tenancies Act 1986 2nd edn, Leo Cussen Institute, 1994