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Property Law Your Training GuideJanuary – June 2018www.clt.co.uk

Welcome to Your Property Law Training Guide

With the practice year 2017-18 now underway, solicitors around England and Wales are once again beginning to identify their learning and development needs and look at how best to address these.

To support you in demonstrating your competence, CLT organises over 650 courses each year covering a wide variety of practice areas developed with the four SRA Competences in mind.

Ranging from focused three-hour sessions to multi-day events, all of our courses are delivered by highly experienced legal experts and with training taking place in major centres nationwide, you should always find a course relevant and convenient for you.

This training guide contains details of our Property Law training courses and webinars from January 2018 until June 2018. To view our full range of training please visit www.clt.co.uk.

CLT MembershipCLT Membership is the ideal product for organisations looking for a complete legal training package. Combining even easier service and great value for money, CLT Membership makes it easy for your team to receive the training they need

What are the benefits of CLT Membership?

• Receive 50% off your training costs• Manage your team’s learning with the Competence Gateway, an online tool designed

specifically to help manage learning and development under the continuing competence regime

• Access a range of free webinars• Your own account manager• Reduced admin – you will benefit from an interest-free finance plan and your team can

book their training without the need to pay using a credit/debit card

Find out more about becoming a CLT member and by visiting www.clt.co.uk/membership.

In-house TrainingCan’t find the training that meets your team’s development needs? Looking to send more than 4 people on a course?

If so, then CLT’s in-house training team can help you to achieve your goals and ensure your team receive the training they need. In-house training gives you the opportunity to design the learning solution that will meet your firm’s unique requirements. For more information visit www.clt.co.uk/in-house.

We look forward to seeing you at one of our courses soon.

Contents

Property Law Courses

Acting for Developers Buying Land 6Charity Land Transactions 7Investment Property Sales and Purchases NEW 5Property Development: Practical Problems NEW 6Sales and Purchases of Part: Freeholds and Leaseholds 5

Commercial Property Litigation Courses

Certificate in Commercial Property Litigation 19Commercial Property Litigation Update 2018 NEW 18Dilapidations: What you need to know NEW 18

Commercial Property Law Courses

Advanced Leases: Avoiding the Elephant Traps 15Agreements for Lease: The Basics 13Agreements for Lease: The Next Step 13Certificate in Commercial Leases 14Commercial Property: Introduction for Paralegals NEW 9Commercial Property: Introduction to Law and Practice; Day 1 8Commercial Property: Introduction to Law and Practice; Day 2 8Commercial Property Update 2018 9Development Land: Overage and Clawback NEW 10Drafting for Commercial Property Lawyers: A Workshop NEW 12Mixed Use and Residential Tenants’ Rights 17Property Development Contracts: Advanced Issues NEW 10Property Law: An Advanced Course for Local Authority Lawyers NEW 11Property Law: An Introduction for Local Authority Lawyers NEW 11Retail Leases: What You Need to Know NEW 15SDLT for Commercial Property Lawyers (including Commercial Leases) 17Short Term and Undocumented Occupation: A Toolkit NEW 16Small Business Sales: What the Textbooks Don’t Tell You 12Turnover Rents: Making them Work in Practice NEW 16

Construction Law Courses

Certificate in Construction Law NEW 31Concurrent Delay & Construction Insurance NEW 32Construction Law Update 2018 NEW 32

Agricultural Law Course

Agricultural Law and Tenancies: An Introduction 28

Residential Property Law Courses

Acting for a Buyer on a New Build: Pitfalls and Tips 27An Introduction to Enfranchisement and Lease Extension 23Conveyancing: An Intensive Workshop for Paralegals and Support Staff 25Conveyancing Searches and Enquiries: Best Practice 25Conveyancing Update 2018 20Covenants: Current Law and Practice NEW 22Cybercrime and Fraud in Conveyancing NEW 21Dealing With Residential Property Problems 27Easements: Current Law and Practice NEW 22High Risk and Unusual Clients in Conveyancing NEW 21Land Transaction Tax in Wales NEW 24Residential Leases: Issues on Sale and Purchase NEW 23Residential Mortgages: Tricky Issues in Law and Practice NEW 26Residential Property: An Intensive Introduction for Qualified Practitioners 20SDLT Walkthrough and Workshop for Residential Property Lawyers 24Shared Ownership and Help to Buy: Acting for the Purchaser 26

Webinar Highlights

A selection of our Property Law webinars 34

Our expert speakers 38

Management and Personal Skills Courses 36

Housing Law Courses

Advising the Private and Social Landlord After the Housing and Planning Act 2016 NEW 33Social Housing Law Update 2018 NEW 33

Environmental Law Courses

Environmental Warranties and Indemnities in Property and Corporate Transactions NEW 29Managing Environmental Liabilities NEW 29

Planning Law Courses

Certificate in Planning 30

Property Law | 5

£105 + VAT Package price £120 + VAT CLT Members/£240 + VAT Non-members

London 3 Apr am

Sales and Purchases of Part: Freeholds and LeaseholdsSpeakers: Peta Dollar and Sarah Thompson-Copsey

Whether you deal with commercial or residential property, whether it is part of a garden or involves 100s of acres, the sale and purchase of part of the seller’s land is fraught with traps and difficulties.

What protections for the seller should be incorporated into the documents? What does the buyer need? Can (and should) the benefit and burden of existing rights and covenants be passed on?

This half-day course will deal with the above and other issues, including:

• Land Registry issues• Split reversions• Existing rights, s62 and Wheeldon v Burrows• Granting and reserving new rights• Imposing new restrictive covenants• Passing on (or retaining) the benefit of existing

restrictive covenants• Splitting obligations under s106 planning

obligations• Community Infrastructure Levy issues where

there is a single planning permission for sold and retained land

The course is aimed at all property practitioners, whether commercial or residential, and will allow delegates ample opportunity to ask questions of these experienced speakers.

3 hoursIntermediate


Intermediate 3 hours

London 26 Jun pm

Investment Property Sales and Purchases NEWSpeakers: Peta Dollar and Sarah Thompson-Copsey

Investors in property are focused on the rental stream, how secure it is and its potential for growth. This leads to the concept of the institutionally-acceptable lease.

The speakers share their extensive practical experience of the traps and pitfalls that make a difference to your client investor, whether you are acting for seller or buyer.

This half day course will cover:

• Buying an income stream, FRI and the institutionally-acceptable lease

• The concept of yields• Workshop looking at lease issues from the point

of view of the investor client, including AGAs, rent review provisions, tenant break options, alterations, user, guarantees, repair, insurance, service charges, forfeiture, 54 Act renewals

• Issues on contract, including landlord’s consent where the seller is itself a tenant

• VAT (TOGCs)• Issues when buying or selling at auction

This course is aimed at all commercial property practitioners with a good basic knowledge of property law whose clients deal in investment property and who want to add value.

HOT TOPIC HOT TOPIC

To book call 0121 362 7705 | email [email protected] | quote: NJ6 when booking

6 | Property Law



London 14 Feb

Acting for Developers Buying LandSpeakers: Peta Dollar and Sarah Thompson-Copsey

This course is aimed at all property practitioners (whether commercial or residential) whose clients buy land to develop. The term ‘developer’ includes not only the buyer of several acres but also the purchase of a small plot for one building. Any client buying with the benefit of unimplemented planning permission or looking to apply for planning permission is a ‘developer’.

Your client is looking to you to help him realise development value so it is important you are aware of the existing title (and other) issues which may impact on value as well as being able to negotiate those which are required for the developed land.

Using worked examples and case studies the speakers will provide guidance to enable you to recognise the issues which are material to your client and reach completion with a set of documents which properly record the parties’ intentions.

This course will include dealing with existing restrictive covenants, easements and other third party rights, boundary issues, ransom strips, site not directly abutting public highway, conditional contracts and options, especially planning issues, overage, and S106 and CIL issues.

It is envisaged that delegates will have a good basic knowledge of property law.

To book visit www.clt.co.uk/property | quote: NJ6 when booking



London 21 May

Property Development: Practical Problems NEWSpeaker: Hannah Mackinlay

Buying a site to develop involves much more than the usual conveyancing procedures, and this course looks at the common non-title issues that are vital if you are going to deal with this work successfully. With a number of practical examples, exercises and puzzles to solve, you will be able to deal with such matters with confidence.

• The Big Picture – communication and reporting issues

• Let’s get physical – what’s on the ground? Unexpected SDLT consequences

• Plans, site surveys and gaps• Searches – reading between the lines• Environmental – more to it than a ‘search’• SDLT planning points• Planning, S.106, CIL, conditions, open spaces• Highway access, vision splays, and related issues• Rights of way/services, s.62 and easements

points

Property Law | 7



Advanced 3 hours

London 18 Jun pm

Charity Land TransactionsSpeaker: Jane Lonergan

This course looks at the particular requirements which apply to land transactions of charities, whether on acquisition, mortgage or disposal. There is a range of statutory obligations and many other possible constraints. It is suitable for all who advise charities or the parties who deal with them.

The course covers the Charities Acts of 1993 and 2006 and the new consolidating legislation in the Charities Act 2011 and will look at:

• Charities – introduction for property lawyers• Disposals by a charity and ss.117• Mortgages by a charity and ss.55, 124 – 126

Charities Act 2011• Acquisitions by a charity• Commercial leases generally and specific issues

for charities• Official custodian for charities – s.122 certificates• Some common issues, including title issues

Very knowledgeable presenter. Very engaging seminar

Are you ready for

May 2018?

With GDPR coming into effect in May 2018, time is running

out to ensure your organisation is prepared. To help, CLT has

launched a series of courses to get you up-to-speed

Data Protection: Get Ready for the GDPRLondon 18 Jan, 27 Mar, 17 May

Birmingham 5 Feb | Bristol 5 Mar Leeds 12 Mar | Carlisle 26 Mar

Data Protection: Conducting a Data Audit

London 25 Jan am, 10 May am

Data Protection: Communicating

with the Data SubjectLondon 25 Jan pm, 10 May pm

Duties of the Data Protection Officer

London 22 Feb

An Introduction to Data Protection and its Practical

ApplicationLondon 31 Jan, 24 Apr

Birmingham 13 Mar

12 Tricky Data Protection Points – updated for GDPR

London 23 Mar, 11 May

For more information visitwww.clt.co.uk/gdpr

8 | Commercial Property Law



6 hours

London 5 Mar

Commercial Property: Introduction to Law and Practice; Day 1 Speaker: Hannah Mackinlay

This course is the first day of a two day series designed for fee earners with little or no knowledge of commercial property law. The days can be attended separately or as a series. This comprehensive programme aims to provide a firm grounding in the essential law and practice in this field.

Day One of the course will focus on:

• Explaining the jargon • The big picture • Explaining the ‘players’ involved in a commercial

property matter • Introduction to basic land law • A brief overview of leasehold law • An outline of basic conveyancing procedures • Sale and purchase of commercial property • Planning and other statutory requirements

Foundation 6 hours


London 6 Mar

Commercial Property: Introduction to Law and Practice; Day 2Speaker: Hannah Mackinlay

This course is the second day of a two day series designed for fee earners with little or no knowledge of commercial property law. The days can be attended separately or as a series. This comprehensive programme aims to provide a firm grounding in the essential law and practice in this field.

Day Two of the course will focus on:

• The form and main contents of a typical business lease (by reference to a specimen lease)

• Negotiating a commercial lease – the main points to watch out for

• The Code of Practice for Commercial Leases • Statutory protection for business tenants –

Landlord & Tenant Act 1954 • Assignment of commercial leases • ‘Running’ commercial leases • Variations, rent reviews, underlettings, alterations,

repairs etc • SDLT

Foundation

Two very interesting, helpful days. Covered all necessary areas and presented extremely

well by Hannah Mackinlay Another excellent day of training. Hannah speaks with authority and makes a very

complicated subject extremely interesting

BEST SELLER


Commercial Property Law | 9


Update 6 hours

London 21 Feb Manchester 1 Mar Sheffield 25 Apr Bristol 10 May

Commercial Property Update 2018Speaker: Natasha Dunn or Sarah Thompson-Copsey

This key course has earned its well deserved reputation for being an absolute “must” for busy practitioners to keep up-to-date.

It covers a huge range of recent and pending commercial property law and practice changes. It provides an analysis of the legal developments and always considers these in the light of the practical implications for day to day practice.

The course will cover the most important recent developments in:

• Commercial property case law• Commercial landlord and tenant case law• Practice and legislative changes

The interaction with the participants was excellent and made this one of the most

enjoyable and informative courses I have ever attended

£210 + VAT Package price £240+ VAT CLT Members/£480 + VAT Non-members

Foundation 6 hours

Commercial Property: Introduction for Paralegals NEWSpeaker: Hannah Mackinlay

This course is designed for those with little or no knowledge of Commercial Property Law. This comprehensive programme aims to provide a firm grounding in the essential law and practice area.

It will enable more junior staff to give increased support to fee earners, enabling the fee earner to delegate more tasks and thus improve productivity.

The course will also be of benefit to those fee earners moving into a commercial property department for the first time.

• An outline of basic conveyancing procedures• Sale and Purchase of Commercial Property

• Procedure• Standard Commercial Property Conditions• CPSEs• Other searches and enquiries• Standard Forms of Reports on Title

• Planning and other statutory requirements.• The form and main contents of a typical business

lease (by reference to a specimen lease)• Negotiating a commercial lease - the main

points to watch out for• Insurance• Repairing obligations & schedules of condition• Rent review• Service Charges

London 13 Feb Sheffield 23 Apr

BEST SELLER




Advanced 3 hours

Property Development Contracts: Advanced Issues NEWSpeaker: Hannah Mackinlay

Property development is back in business. But it is a complex area and developers can be blind to potential problems until they are bankrupted by them. Navigating the minefield needs not only knowledge of many areas of law but also commercial awareness.

This course takes you through the various documents to help you advise your clients on the best route to take:

• Exclusivity agreements, call options, put options, and pre-emption agreements

• Options: Key points including, pricing and valuation issues, timing and extension, control of seller’s actions, exercise, and protection. SDLT issues

• Conditional contracts: Triggers, e.g. what is ‘satisfactory planning permission’, affordable housing and other constraints

• Land Promotion Agreements• Liaison with other professionals

Birmingham 12 Feb am London 12 Mar am


3 hoursAdvanced

Birmingham 12 Feb pm London 12 Mar pm

Development Land: Overage and Clawback NEWSpeaker: Hannah Mackinlay

There has been much litigation in recent years over overage provisions. Often the solicitors are blamed for bad drafting or not anticipating other interpretations or events.

This course will provide practical guidance to help you manage client expectations and give guidance on the issues to consider when drafting.

The topics covered include:

• Types of overage situation• Methods of securing payment• Pros and cons of each method• Trigger events • Duration and disposals of part• ‘No disposal’ situations• Changes in control• Getting the formula right on overage

calculations• Thinking the unthinkable and avoiding

avoidance• Lender issues – postponement of iiens and

priorities• SDLT treatment of overage payments• Learning from others’ mistakes – the caselaw

to date



3 hoursIntermediate


Property Law: An Advanced Course for Local Authority Lawyers NEWSpeaker: Ian Quayle

This half day course is designed for the experienced local authority property lawyer dealing with property issues revolving around the management of local authority property.

• Assets of community value – law and procedural issues

• Property joint ventures – key issues for local authorities

• Green belt policies – dealing with green belt and planning issues

• Town and village greens and allotments – dealing with management

• Management issues for residential leases, commercial leases and mixed use schemes

• Recent relevant case law

London 16 May pm Manchester 21 Jun pm


3 hoursFoundation

London 16 May am Manchester 21 Jun am

Property Law: An Introduction for Local Authority Lawyers NEWSpeaker: Ian Quayle

Local authority lawyers may find themselves in the position of advising on matters outside their usual sphere of experience and expertise. This foundation level course will introduce local authority lawyers to the key issues they are likely to encounter when involved in property work, and it will also be a useful refresher for anyone returning to such a role after a career break.

The half day course considers a number of important issues commonly encountered, including:

• The imposition of covenants on disposal• Granting and reserving easements • Property joint ventures • Selling local authority assets – transactional

issues • Buying land and property – transactional issues • Assets of community value• Managing occupational leases – service charge,

rent review, breaches of covenant and other issues

• Borrowing money and investing in property • An exploration of relevant case law

HOT TOPIC




3 hoursIntermediate

London 15 Mar pm Birmingham 12 Apr pm

Drafting for Commercial Property Lawyers: A Workshop NEWSpeaker: Hannah Mackinlay

This drafting workshop is aimed at junior lawyers and will support you in working towards the key competence of drafting documents from scratch. It will look at some examples of good and bad drafting and give you tips to avoid misunderstanding and negligence claims. There will be plenty of interactivity and a series of examples so that you can practise your skills.

• The traditional rules of interpretation• Hoffman and the current position on

interpretation• Bad drafting – what not to do• Good drafting and clear English• Worrying words – reasonable endeavours and

good faith • Particular issues on:

• Commercial lease• Restrictive covenants• Indexing increases• Maths muddles• Problems with plans• The lessons from the case law



London 17 May

Small Business Sales: What the Textbooks Don’t Tell YouSpeaker: Keith Lewington

This practical course looks at the wide range of issues which arise in small business sales from structuring the transaction and drafting the documents through to managing the client, tax issues and employment law. As well as formal legal updates, the course addresses competencies of finding information from the client, providing pragmatic and meaningful advice to the client, and dealing with other solicitors and professionals.

The topics covered include:

• Managing the small business client• Drafting documents• VAT – what is a going concern?• SDLT – when is goodwill part of the property

price?• Workers’ rights under TUPE• Restrictive covenants • Due diligence



Agreements for Lease: The Basics Speaker: Hannah Mackinlay

This highly practical course works through key provisions in established precedents. This will include a lease conditional upon consents, also where the landlord is to carry out works. We will consider suggested amendments and a check list of key points to be dealt with.

• When to use an agreement for lease • Conditionality on completion of works by either

party or consent by a third party• Effect on term commencement & rent-free periods• Relevant standard commercial contract

provisions and suggested amendments• AGAs & latest developments in this area• completion date• Apportionments of rent service charge and

insurance • VAT & Capital Allowances• Insurance and Risk issues• Security of tenure exclusion where there is an

agreement for lease• User restrictions and Competition Act issues• SDLT on Substantial Performance of Agreements

for lease – what happens when you complete the lease? How do you do the calculations?

• Protection of Agreements for lease – and removal if contract does not complete

• Side letters • Long stop dates


3 hoursFoundation

London 9 Apr am

Agreements for Lease: The Next Step Speaker: Hannah Mackinlay

This course considers more complex cases such as major building works (including new-builds) by landlord, with fitting out works by tenant’s contractor. We will work through some established precedents and identify the key problem areas, including:

• Battle of the definitions – JCT building contract definitions and the possibility of conflict between documentation

• ‘Practical completion’ and statements of completion under the JCT

• ‘The Architect’ vs the employers agent, their powers duties and responsibilities

• ‘Completion’ – which date?• Extensions of time and longstops• Effect on start of rent-free period, the term, rent

review dates, etc.• Right of the contractor to possession of the site

under the JCT• Partial possession and sectional completion • Variations and omissions• Dealing with conflicts • Measurement of areas • Tax & capital allowance aspects• LAD & loss and expense claims by contractors• Effect on SDLT of early possession and effect of

completion of the lease• Defects and repairs


3 hoursIntermediate

London 9 Apr pm


6 hours £210 + VAT Package price

£240 + VAT CLT Members/£480 + VAT Non-members

Foundation

London 26 Apr

Certificate in Commercial Leases Speaker: Peta Dollar and Sarah Thompson-Copsey

This course will not only give you an understanding of the basic terms in a lease of whole but will also look at what you should consider when drafting a lease of part. The speakers will also explain the need for, and issues with, ancillary documents including licences for alterations and alienation and deeds of variation.

Topics covered include:

• What is the demise, and why the definition is crucial• Rights/exceptions: which do you want, and why?• An introduction to open market rent review and turnover rents• Guarantors and AGAs: getting them right• Landlord’s consent on alienation: avoiding the pitfalls• Security of tenure and contracting-out: Landlord & Tenant Act 1954 framework• Repair, alterations, what is meant by ‘yielding up’ and practical methods of resolving

disputes• User and quiet enjoyment

This training programme is thorough, informative and very easy to grasp.

The manner in which it is delivered serves to make it all the more enjoyable and helpful




Advanced Leases: Avoiding the Elephant Traps Speakers: Peta Dollar and Sarah Thompson-Copsey

This half day course focuses on the more complex issues relating to commercial leases and will take delegates through a variety of topics, offering tips – and practical ways to avoid traps – for both landlords and tenants.

It will cover:

• Tricky issues with guarantees: EMI v O&H; TCG v Girdlers

• Landlord’s costs: alienation, alterations, legal costs: Avon Freeholds v Garnier

• Assumptions and disregards in open market rent review: is there an alternative?

• Expert/arbitrator determination: which should you advise?

• Insurance• Service charges• Terminal dilapidations: supersession; assessing

damages – Car Giant v Hammersmith

This course is aimed at commercial property practitioners with a good basic knowledge of basic lease and landlord and tenant issues who are looking to expand on this expertise and thus their client base. It will serve as a refresher and update for those who regularly advise on more complicated leases.


3 hoursAdvanced

London 26 Jun am

Retail Leases: What You Need to Know NEWSpeakers: Peta Dollar and Sarah Thompson-Copsey

The nature of retail and the face of the high street are changing; in the age of increasing internet shopping and with the uncertainty of Brexit, retailers are looking for flexibility, limitations on outgoings and market-led advice; landlords are looking for certainty of rental stream, good tenant mix and assurances on guarantees.

This half day course, offering practical tips – and ways to avoid traps – for both landlords and retail tenants, is led by two very experienced trainers, one of whom brings the benefits of property litigation experience to the lease drafting experience of the other, and will cover:

• Guarantors – future proofing post Brexit, can it be done? Lessons from TCG v Girdlers; EMI v O&H

• Keeping anchor tenants in place: the problem with keep-open covenants – do they ever work?

• Turnover rents: drafting for the internet age• Inducements, anchor tenants and tenant mix –

where are we following Martin Retail v Crawley?• Fitting-out works, re-instatement: Riverside v NHS• Tenant insolvency & pre-packs – a landlord’s

nightmare? Re: SSRL; Game Group• Landlord’s works: practical tips for landlords &

tenants: Timothy Taylor• Terminal dilapidations: why chain stores may

have the upper hand


3 hoursUpdate

London 3 Apr pm

HOT TOPIC




3 hours Intermediate

Manchester 9 May pm London 12 Jun pm

Short Term and Undocumented Occupation: A Toolkit NEW Speaker: Mark Shelton

This course is aimed at junior commercial property lawyers and all commercial property advisers involved in management issues.

How to document a short-term or informal let? A solicitors’ 70-page lease isn’t an attractive or economic way of doing this; some landlords and their agents use standard form licence agreements and at the other end of the spectrum some commercial occupiers have little or nothing in writing to record the basis of their occupation.

This course focuses on the available options for landlords who want lettings documented at minimal expense and looks at the pros and cons of each from both a landlord’s and a tenant’s point of view.

It examines examples of informal occupation including unlawful assignments and sublettings, occupation by ‘phoenix’ businesses and lengthy undocumented holding-over situations and explains what (if any) obligations and rights the occupier has, how the landlord can regularise the position, what remedies are available to the landlord and what rent is payable. It also suggests practical measures for resolving things.



Manchester 9 May am London 12 Jun am

Turnover Rents: Making them Work in Practice NEW Speaker: Mark Shelton

While the concept of turnover rents and shared risk/reward is simple, making it work is an entirely different matter.

Not only is it difficult to predict and capture all sources of turnover, but you also need to think about changes to everyday lease provisions like alienation clauses and user restrictions.

This course will give an overview of turnover rents, and consider how to make them work in a world where many tenants retail online as well as from physical premises. It is aimed at those negotiating retail lettings for both landlords and tenants.

The course will refer to a turnover rent schedule to illustrate how the technical issues are dealt with in practice.

It will include:

• Calculation of turnover rent• Ability to revert to an open market rent• Implications for alienation• Impact on rent review• Impact on break options• Relevance of use restrictions• Factoring in online sales

To book call 0121 362 7705 | email [email protected] | quote: NJ6 when booking To book call 0121 362 7705 | email [email protected] | quote: NJ6 when booking To book call 0121 362 7705 | email [email protected] | quote: NJ6 when booking


Mixed Use and Residential Tenants’ RightsSpeakers: Peta Dollar and Sarah Thompson-Copsey

This course is aimed at the commercial property practitioner who advises on the purchase, sale, management or development of mixed use buildings. It is also aimed at residential property practitioners who advise on residential multi-let buildings, and at those who advise tenants and landlords in mixed use and wholly residential buildings.

The course will cover:

• Residential tenants’ rights of first refusal under the Landlord and Tenant Act 1987 (as amended)

• Enfranchisement of ‘houses’ under the Leasehold Reform Act 1967, when does this apply to mixed use buildings?

• Collective enfranchisement under the Leasehold Reform, Housing and Urban Development Act 1993

• Rights to manage under the Commonhold and Leasehold Reform Act 2002

• Residential tenants’ service charge rights • Practical steps for landlords and tenants to avoid

common traps and pitfalls, structuring to avoid the impact of the legislation

This is a rare opportunity to get to grips with a current hot topic for clients and lawyers alike and ask questions of expert speakers.


6 hoursIntermediate

London 5 Apr

HOT TOPIC


3 hoursAdvanced

London 28 Mar pm

SDLT for Commercial Property Lawyers (including Commercial Leases)

Speaker: David Hannah

SDLT is a self assessed tax on taxpayers not a duty on documents. Clients need to be asked important questions before you can complete a return. Completing a return based just on the information on the transfer could result in your underwriting any claim for extra tax from HMRC – and claims can be made up to 21 years later.

This course will use worked examples and flowcharts and will focus on commercial leases issues including Agreements for Lease, “substantial performance”, surrenders and regrants, rent deposits, holding over and periodic leases. Other topics to be covered include:

• Conditional contracts and options • Sub sales – the new rules – when to worry about

tax fraud • Overage – deferred and contingent or uncertain

consideration

Delegates will be encouraged to interact and solve example problem situations involving some of the above issues. This course will overlap in some issues with SDLT Walkthrough and Workshop for Residential Property Lawyers (see page 24) but will look at the common issues in more detail as well as the topics outlined above.


18 | Commercial Property Litigation


3 hoursUpdate

London 25 Apr pm

Commercial Property Litigation Update 2018 NEWSpeaker: Mark Shelton

The course rounds up recent significant developments in commercial property litigation and considers the practical implications. It is aimed at all those advising on commercial property disputes, whether their client base is predominantly investors and developers, or occupiers. It is suitable for the general practice property adviser as well as the specialist property litigator.

The course covers:

• Break options – conditions for exercise, formalities and practicalities as well as new caselaw on the service of notices

• Contractual interpretation of commercial property documentation including rent concession agreements, rent review clauses and service charges

• Landlord and tenant issues before the courts, including a flurry of cases on the grant of relief from forfeiture, new decisions on landlord’s consents, quiet enjoyment and landlord’s building works, and further judicial pronouncements on the validity of assignment of leases to guarantors

• Business rates including Supreme Court cases and rates avoidance schemes

• Key issues for developers including interference with easements (particularly rights of light), and private nuisance

Dilapidations: What you need to know NEWSpeaker: Mark Shelton

This course is aimed at lawyers and other property professionals advising both landlords and occupiers in relation to repairing obligations in commercial leases.

It offers a thorough grounding in the subject for the more junior practitioner and will also be useful for a refresher and update for others.

This is a subject area which never goes away: in times of boom or bust, landlords need to maintain the value of their investment and tenants need to restrict the impact of claims to ensure the landlord recovers no more than is properly due.

The course will consider the impact of the Pre-action Protocol, and how to reduce the likelihood of claims in the first place, as well as the interpretation of repairing obligations and the choice of remedies.

The course covers:

• Enforcing obligations in mid-term• The role of schedules of condition• Assessing the ‘loss of rent’ element• The role of expert valuers• Repair v improvements• Procedural considerations


5 hoursIntermediate

London 22 Jun

HOT TOPIC


£420 + VAT Package price £480 + VAT CLT Members/£960 + VAT Non-members12 hours

London 8 - 9 Mar

Foundation

Certificate in Commercial Property LitigationSpeaker: Mark Shelton

This two day course is aimed at lawyers who are looking to build a practice in commercial property litigation, and gives a broad grounding in core practice areas, while taking a firmly practical approach.

The course provides an in-depth review of the Landlord and Tenant Act 1954, which is fundamental to the management of commercial property. It also considers law and procedure where the landlord opposes lease renewal on each of the statutory grounds and will examine the other common areas in which disputes arise – dilapidations, service charges, enforcement of leasehold covenants following assignments, and break options.

The course will support delegates in dealing with contentious applications for landlord’s consent to dealings with the lease, practicalities of trespasser eviction, and the remedy of forfeiture of leases.

• The basic concepts of the 1954 Act: What is a ‘business lease’? Who is the ‘competent landlord’?

• Procedure, and renewal terms• Tactics and requirements for opposing lease renewal• Service charges – common causes of dispute, the Code and s 20 consultation in mixed

use developments• Enforcement of leasehold covenants – the pre-1996 and post-1995 regimes• Break options – drafting and serving notices, payment of rent and interest, conditional

clauses• The interpretation of repairing covenants, and the conduct and settlement of

dilapidations claims• Obtaining landlord’s consents: formalities and pitfalls• Trespassers – efficient conduct of court procedures, and adding value with practical

measures for eviction and preventing recurrent occupations• Avoiding inadvertent waiver of the right to forfeit, and a guide through the variety of

relief jurisdictions

Commercial Property Litigation | 19


20 | Residential Property Law


London 12 Feb, 4 Jun Birmingham 21 Mar Manchester 23 Apr Southampton 23 May Bristol 14 Jun Nottingham 29 Jun

Conveyancing Update 2018 Speaker: David Keighley

This course sets out key legal developments and considers the points for practice and drafting.

Topics covered will address the most important recent developments and include:

• Case law update: • Gating a right of way• Extent of beneficial ownership of house • Liability of property owner for Japanese

knotweed• Understating the consideration • olicitors’ duty in relation to search report• Conveyancing fraud• Duty of buyer’s solicitor to check seller’s

identity• Oral agreement about property • Modification of covenants• Negligence claim – mitigation • Incorrect replies to enquiries – damages

• Practice changes: consumer protection regulations and conveyancers; UK Finance Mortgage Lenders Handbook update; and the Land Registry

• Miscellaneous provisions and/or proposals

5 hoursUpdate

BEST SELLER


London 5 Mar Manchester 21 May

Residential Property: An Intensive Introduction for Qualified PractitionersSpeaker: Lorraine Richardson

This intensive and practical course is aimed at those qualified practitioners looking to change practice areas (for example, due to Legal Aid cuts) or for those returning after a career break. No prior knowledge of conveyancing (residential or otherwise) is required!

The course will provide a practical overview of residential conveyancing and the pitfalls which may occur on a daily basis in today’s market including:

• An overview of the conveyancing transaction • Identifying your client and the source of funds –

why this is your responsibility • Review of searches available in the market –

online or paper based? • Conveyancing Quality Scheme – what is it all about? • The Protocol and the new forms • Key risk areas – CML and your duty to the lenders • What is SDLT? how does it differ from Stamp Duty? • Standard Conditions of Sale (5th edition) • Changes in Land Registry practice – where did

office copies go?

The course is supported by clear flowcharts of the residential conveyancing process.

Foundation 6 hours


Residential Property Law | 21



London 19 Mar pm Southampton 16 Apr pm Leeds 30 Apr pm

Cybercrime and Fraud in Conveyancing NEWSpeaker: Lorraine Richardson

As property lawyers, we need to be alert to cybercrime threats and money laundering. In addition to recent cases where conveyancing solicitors have been held liable to lenders for breach of trust in fraud cases, there has been a lot in the news about identification procedures following the Mishcon de Reya case.

This half day course will point out how to spot some of the key threats and what steps we can all take to try to avoid these problems.

This course will remind property lawyers of all levels of experience the key risk areas and what practical steps should be taken in the context of a residential purchase.


• Key money laundering threats in outline• Fraud threats• What is cybercrime?• What steps can we take to mitigate the above risks?• Property and Registration Fraud Practice Note• How do we identify the ‘red flag’ files?• Key case law

3 hoursIntermediate

HOT TOPIC


London 19 Mar am Southampton 16 Apr am Leeds 30 Apr am

High Risk and Unusual Clients in Conveyancing NEWSpeaker: Lorraine Richardson

Residential conveyancing is difficult work at the best of times – but add into the transaction some high risk and unusual clients and the mix can be toxic!

This half day course will consider some of the more unusual clients and situations and will point out some of the pitfalls and will suggest steps that conveyancers can take to mitigate some of the risk.

This course will remind property lawyers of all levels of experience of the key risk areas and what practical steps should be taken in the context of a residential purchase.


• Source of funds• Identification issues• Trusts and co-ownership• Delegated powers and undue influence• Bankruptcy and insolvency• Identifying and avoiding conflicts of interest• Lenders’ requirements

3 hoursIntermediate

To book visit www.clt.co.uk/property | quote: NJ6 when bookingTo book visit www.clt.co.uk/property | quote: NJ6 when booking



London 25 Apr pm

Easements: Current Law and Practice NEW Speaker: Ian Quayle

Existing easements on the title are a headache for any practitioner and his client but especially on developments – large and small! The law relating to easements is almost entirely common law based and therefore is constantly changing. This course will help you keep track of changes and ensure your advice to clients is up to date. It also covers the Law Commission’s proposals for change to this area of the law.

The course covers:

• The standard conditions• Parking rights• New case law on easements• Land registry law and practice• Problems with prescriptive easements• Injunctions• Potential law reform as a result of the Law of

Property Bill

3 hoursUpdate


London 25 Apr am

Covenants: Current Law and Practice NEWSpeaker: Ian Quayle

There have been many recent developments both in statute and in case law in relation to covenants. This course includes consideration of the rules on interpretation of covenants and drafting tips, and also covers the Law Commission’s proposals for wholesale change to this area of the law.

This course will give practical guidance and updates on the above and will also cover:

• What are covenants?• Enforcement – approach of the courts• Role of the Upper Chamber (Lands Tribunal)• Can you protect overage by restrictive

covenants?• What is the effect of the death of the

covenantee?• Insurance including the CML requirements• Potential law reform as a result of the Law of

Property Bill• Recent case law

3 hoursUpdate




London 5 Jun am Manchester 7 Jun am

Residential Leases: Issues on Sale and Purchase NEWSpeaker: David Keighley

This practical half day course will give you the confidence to deal with the sale and purchase of a residential lease.

Items covered include:

• Formalities of a lease• Key & prescribed clauses• How Shared Ownership leases differ• Key conveyancing issues• Good versus Absolute Title• Assignment problems• Management Companies and Service Charges• Retentions and apportionments• Land Registry issues• Defective or problematic leases• Forfeiture• Avoiding negligence or other claims• Topical case law

3 hoursIntermediate

David was an excellent presenter! The content was well presented and explained


London 29 Jan, 15 May Manchester 11 Apr Birmingham 22 May

An Introduction to Enfranchisement and Lease Extension Speaker: Hannah Mackinlay

When you are asked to advise on enfranchisement or lease extensions do you take a deep breath and reach for the painkillers? Be sure you are not alone!

The law relating to these areas is complex and often misunderstood. The Leasehold Reform Housing and Urban Development Act 1993 (and associated legislation and regulations) is fraught with pitfalls for the unwary which if overlooked or ignored could cause substantial problems for your client as well as a potential negligence claim for your firm.

This course is aimed at those lawyers with little or no knowledge of the topic. It will provide you with the knowledge to take your clients through this legal minefield with confidence and includes:

• Collective and individual enfranchisement• “Eligibility”• How to take instructions and other essential

preparation • Notices – contents and procedure• Dealing with counter-notices• Lease extensions• Post-completion • Valuation

BEST SELLER

6 hoursFoundation




3 hoursFoundation

London 28 Mar am

HOT TOPIC

SDLT Walkthrough and Workshop for Residential Property LawyersSpeaker: David Hannah

SDLT on Residential Property can now be very complex. It isn’t even always easy to decide if a property is classified as residential or commercial. What is worse the additional 3% rate for additional residential properties introduced in April 2016 may tempt clients to be economical with the truth.

Like all other taxes, SDLT has to be thought about carefully at the beginning rather than delegated to a junior person to do ‘the form’ at the end. The amount on which the tax is paid may well not the be figure on the transfer, and the taxpayer may not even be the transferee.

Failing to explain or investigate the situation will leave the conveyancer holding all the risk if HMRC raise an enquiry.

This course will deal with (inter alia):

• What is residential property main residence• What questions should you ask?• What is the ‘deal’ and when might transactions

be linked. • Are SDLT avoidance schemes dead?• Company purchases of residential dwellings • Multiple Dwelling relief• The Global Reach of SDLT with the higher rate –

how can you be certain it doesn’t apply?


London 15 Mar pm Chester 21 Mar pm

Land Transaction Tax in Wales NEWSpeaker: Richard Snape

Land transaction tax is due to come into force in Wales on 1 April 2018, replacing Stamp Duty Land Tax (SDLT). This practical half day course looks at some of the similarities and the differences in comparison to SDLT.

The course is an essential primer for anyone dealing with conveyancing matters in Wales, but especially conveyancers based in England who need to appreciate the changes to avoid potential claims when working for clients who are purchasing in Wales.


• Thresholds and rates in Wales and cross-border conveyancing

• Changes to anti-avoidance rules• Changes to contingent consideration• Changes to tax and rent• Transactions exempt from higher rates• Additional dwellings• Contingent consideration• Linked transactions

3 hoursIntermediate




London 19 Feb pm Sheffield 4 Jun pm

Conveyancing Searches and Enquiries: Best Practice Speaker: Lorraine Richardson

Conveyancers are increasingly faced with an ever growing list of suggested searches and enquiries on a residential freehold purchase transaction. What is best practice?

This practical half day course will assist conveyancers to identify which searches to carry out and will consider problems which frequently arise on search results and how far you can be expected to deal with them. The course will stand alone or will complement CLT’s popular course: ‘Residential Property – An Intensive Introduction for Qualified Practitioners’ see page 20.


• Which searches should you carry out – an overview• Common tricky search results • What further enquiries should you raise when

you have received your search results?• What is an acceptable response to your enquiries?

This course is essential viewing for all residential property lawyers.

3 hoursIntermediate

HOT TOPIC


London 14 May

Conveyancing: An Intensive Workshop for Paralegals and Support Staff

Speaker: Lorraine Richardson

This workshop course is designed for paralegal and secretarial staff who work in residential conveyancing. It is a highly practical course offering a greater understanding of the process and how to respond to common enquiries and search results.

It will also assist a busy residential conveyancing team member looking to progress by acting as a useful introduction to conveyancing.

The focus of the day will be on small group work using case studies where you will consider:

• An overview of the conveyancing process and the implications of all key stages

• Where the delegate’s own work fits into the conveyancing process

• Investigate a registered title and draft the contract of sale

• Why different searches are carried out and how to respond to the most common search results

Foundation 6 hours

Great in-depth knowledge of the conveyancing process from start to finish




London 11 May

Shared Ownership and Help to Buy: Acting for the Purchaser

Speaker: David Keighley

The buying and selling of shared ownership properties and funding the purchase of properties using Help to Buy funding are an increasingly important sector of the property market. There are vital differences between these transactions and “standard conveyancing” about which all practioners should be aware. This course is designed to offer a practical guide for practioners acting for individuals buying or selling a shared ownership property or funding a purchase with a Help to Buy loan.


• Introduction to Shared Ownership• The role of Housing Associations and other providers• The different types of Shared Ownership Lease• Shared ownership conveyancing issues• Overview of the Shared Ownership Lease• Implications of Section 106 Agreements• SDLT including the making of and effect of a

Market Value Election• Staircasing; how is it exercised and documented• Land Registry issues• Help to Buy Loans including Help to Buy ISA• Practical tips and traps

BEST SELLER

5 hoursIntermediate


3 hoursIntermediate

London 14 Feb am

Residential Mortgages: Tricky Issues in Law and Practice NEWSpeaker: David Keighley

Residential property practitioners will deal with mortgages on almost a daily basis. Although they may be thought to be routine, the law and practice relating to mortgages are in reality complex and intricate. Issues can arise in respect of undertakings, discharges, CML/BSA requirements, buy to let loans, SRA guidelines, lenders’ panels, land registration and general duties of care.

This half day course will help practitioners to identify and understand complex and/or risky issues in relation to residential mortgages, and will provide practical guidance to minimise risks.


• Key mortgage terms• Lenders’ panels and panel managers• Buy to let loans: should you act for buyer and

lender?• Mortgage related undertakings• CML/BSA issues• Safeguarding against fraud• File storage



BEST SELLER


London 19 Feb am Sheffield 4 Jun am

Acting for a Buyer on a New Build: Pitfalls and TipsSpeaker: Lorraine Richardson

This course is aimed at the buyer’s solicitor who receives a ‘mountain’ of paperwork from the developer. This is especially true when the property is part of a multi-plot estate. The developer will invariably impose an exchange deadline, the client has paid a reservation deposit and the pressure is on.

Whether it is plot 1 of 2 or 49 of 400, there are points of similarity. This course will provide practical guidance and updates on the documents you are likely to receive and the statutory frameworks applicable to them as well as ways to improve your investigations and reporting given the need for fixed fees in this area.

This course will include:

• S.38, s.104 and s.106 agreements – how is my client affected?

• NHBC and similar schemes – what do I need to do? • CML requirements – what do I need to report? • Planning – what is CIL and will it affect my client? • What do I tell the client?


Very informative and enjoyable. A lot of content well covered in a half day course


London 13 Feb Manchester 6 Jun

Dealing With Residential Property ProblemsSpeaker: David Keighley

Problems routinely arise in property transactions. Some may be easily resolved but others will not be so straightforward. This course which can be structured as a workshop will both consider and offer practical guidance on some of the more complex issues which can arise on a residential sale or purchase. Issues covered may be influenced by the delegates and could include:

• Tricky covenants• Risk areas including lenders requirements & fraud• Boundary problems• Defective leases• Misrepresentation• Defects in title• Does Caveat Emptor still apply?• Contract problems• Deposit problems• NHBC cover limitations• SDLT on second properties• Buy to let issues• Undertakings• Apportionments and subsequent liabilities• Completion day problems• Land Registration problems

Advanced 5 hours

HOT TOPIC

For booking Terms and Conditions visit www.clt.co.uk/terms-and-conditions

28 | Agricultural Law


3 hoursFoundation


London 2 Mar pm

Agricultural Law and Tenancies: An IntroductionSpeaker: Christopher McNall

This half day course provides delegates with an understanding of the basics of agricultural law and the basics of the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995. It also looks at some of the pitfalls which may occur in practice and how they may impact on drafting.

This course will include:

• Sources of law and useful information• Identifying the nature of the tenancy – 1986 Act

protection, Farm Business Tenancy• Notices to Quit and the payment of

compensation• Agricultural workers and the Rent (Agriculture

Act) 1976• An introduction to the Single Payment Scheme

It is intended for those who are new to agricultural law or who may deal with it only in connection with development or commercial use of agricultural land. It will be a refresher for the more experienced agricultural practitioner.

Presenter gave excellent, practical examples to back up the law. Very helpful

introduction to the topic

CLT IN-HOUSE TRAINING

Cost-effective training, tailored to your needs

Find out more: www.clt.co.uk/in-house

Can’t find the training that meets your team’s development needs?

Looking to send more than 4 people on a course?

If so, then CLT’s in-house training team can help you to achieve your goals and

ensure your team receives the training they need.

HOT TOPIC

Environmental Law | 29



London 14 Mar

Managing Environmental Liabilities NEWSpeaker: Andrew Waite

This course is designed for real estate and corporate lawyers who need a basic understanding of the subject in order to manage environmental issues in transactions and ensure that they do not unwittingly saddle their clients with unexpected liabilities.

It will enable you to check the problem areas that may arise in practice and to know when you need to consult your specialist environmental lawyer or your firm’s money laundering officer when criminal offences are discovered through due diligence. It will also provide practical guidance on dealing with an environmental issue such as a spill, including the process of dealing with the Environment Agency.

This one day course will cover the following topics:

• A practical review of common law liabilities, with case studies

• Pollution controls• What to do when things go wrong• Different permitting regimes• Controls over harmful substances – financial risks;

changes to banned substances• Waste in manufacturing or development sites;

what is or isn’t waste?• Contaminated land• A concise review of contractual provisions • Considerations in property/asset and share sales• Money laundering requirements

Foundation 6 hours


London 26 Apr Birmingham 9 May

Environmental Warranties and Indemnities in Property and Corporate Transactions NEW

Speaker: Andrew Waite

This course provides an intermediate level overview of environmental law issues which arise in real estate and corporate transactions and a detailed examination of the contractual and other tools available to manage the financial and liability risks which may affect clients.

It is designed for real estate and corporate lawyers who may be called upon to advise on environmental issues. While it may be tempting to muddle through, missing key issues and nuances can be an expensive mistake.

Topics include:

• Differences between share sales and asset sales• Due diligence questionnaire• Environmental permits/licences• Contaminated land liabilities• Work related illnesses including asbestos exposure• Pollution incidents• Money laundering issues• Environmental reports• Managing liabilities• Insurance cover• Environmental liabilities in leases• Problems after completion

6 hoursIntermediate

HOT TOPIC

30 | Planning Law


£420 +VAT + VAT Package price £480 + VAT CLT Members/£960 + VAT Non-members12 hours

Foundation

London 19 - 20 Apr Leeds 16 - 17 May

Certificate in Planning Speaker: David Brock

This two day course is an introduction to the essential aspects of planning law and focusses on those areas which are particularly pertinent to commercial property and planning lawyers. Learning is reinforced by case studies and discussion.

Day One

• Why do we have planning? Origins of the modern system and the Town and Country Planning Act 1947

• The current legal framework – the Town and Country Planning Act 1990, Planning Act 2008, Localism Act 2011, Growth and Infrastructure Act 2013

• Why do we need planning permission?• Outline permission and full permission• Permitted development rights, general,

special and local development orders, enterprise zones and simplified planning zones

• Applying for planning permission and the criteria for the decision

• What is the development plan and how is it created?

• The role of the public• What are ‘material considerations’ and

what is the role of Government policy?• Supporting documents and processes:

design and access statements• Environmental impact assessment• Decision periods, rights of appeal and

Judicial Review

Day Two

• Community Infrastructure Levy• The duration of planning permission• Enforcement of planning control• Time limits for enforcement, and

concealed breaches• Listed Building Control• Conservation area control• Nationally Significant Infrastructure

Projects

• Granting planning permission by a Hybrid Bill – Crossrail, HS2 and CTRL

• The National Planning Policy Framework

• What next? A preview of possible reforms

Construction Law | 31


£420 + VAT Package price £480 + VAT CLT Members/£960 + VAT Non-members12 hours

Foundation

London 21 - 22 May

Certificate in Construction Law NEWSpeaker: Darryl Royce

This two day course provides an introduction and overview of construction law and practice.

The course is aimed at lawyers who are looking to develop a practice in construction law and experienced construction professionals who wish to deepen their understanding of the law. It will explain the different types of construction contract that you will encounter in practice – procurement, traditional and design & build, as well as examining partnering and collaborative contracts and those regulated by Housing Grants, Construction & Regeneration Act 1996.

Day One

• Formation of contracts • Contract documents• The standard forms• Implied terms • Subcontracts & works contracts

• Collateral warranties and performance bonds

• Working with others• Interim & final payments • Changes & variations

Day Two

• When things don’t go to plan • Liquidated damages• Practical/substantial completion• Defects liability or rectification period• Indemnity & insurance• Termination• Contractors’ claims • Notices • Delay, disruption & acceleration • Extensions of time• Concurrent delay• Issues arising from disruption via

multiple causes

• Ownership of float • Proof of causation – critical path

method • Expert cvidence • Direct & Indirect costs and interest• Compromises• Time bars & final certificates • Smash & grab claims • Dispute resolution – the options

available• Litigation tactics

BEST SELLER

To book visit www.clt.co.uk/property | quote: NJ6 when bookingTo book visit www.clt.co.uk/property | quote: NJ6 when booking

32 | Construction Law



3 hours 3 hours

London 22 Mar am London 24 Apr am Manchester 11 May pm

Construction Law Update 2018 NEWSpeaker: Darryl Royce

This half day course is presented by leading construction barrister Darryl Royce. It will explain the main developments in construction law over the past 12 months and review the most important cases.

It will focus in particular on:

• Tortious duties of care – when mates fall out• Unfair contract terms – effect of negotiations• Payment – notices• Limitation – NHBC Scheme• Extensions of time – contiguous or what?• Global or total cost claims – any distinction?• Performance Bonds – need for determination by

engineer?• Insolvency – genuine cross-claim?• Third party costs orders – when can the

discretion be exercised?• Total failure of consideration – the correct

approach?• Statements of case – amendment after expiry of

limitation period• Adjudication • Pre-action protocol – the amendments• Expert witnesses – need for independence• Contractors’ design obligations – the Supreme

Court speaks

Concurrent Delay & Construction Insurance NEWSpeaker: Darryl Royce

This course will comprise a survey of the difficulties that can arise from contractors’ claims where there is or may be an element of concurrent delay and insurance problems.

Concurrent delay:

• Extensions of time and loss and expense/compensation generally: the JCT, ICC, NEC and FIDIC standard forms

• Gross and net extensions of time• The authorities• The origins and development of concept of

concurrent delay: the dominant cause test• Contiguous and non-contiguous extensions of

time

Insurance:

• Proof of causation• Effect of contractual provision for insurance• Need for damage• Accidental damage• Categories of insurance: liability to third parties,

material damage and consequential loss• Excess and aggregation• Notice of claims and conditions• Comprehensive project insurance• Insurance Act 2015

Update Intermediate

Housing Law | 33




London 18 May am

Advising the Private and Social Landlord After the Housing and Planning Act 2016 NEW

Speaker: Emily Gasson

Advising private and social landlords is becoming increasingly complex as the Government tackles ‘rogue’ landlords.

This course will enable you to advise private landlords on their new powers to take back abandoned properties but also how to avoid falling foul of new legislation.

Local authority housing landlords and tenants are facing some of the biggest changes in housing legislation since the Housing Act 1985, with the end of the lifetime tenancies, and the extension of the Right to Buy (RTB) to housing associations means they are not escaping the wind of change either.

This course will suit practitioners with a good working knowledge of landlord and tenant law.

The course will cover the three parts of the Act:

• Tackling private landlords’ behaviour• Increasing private landlords’ powers• Social housing


3 hours Update

London 18 May pm

Social Housing Law Update 2018 NEWSpeaker: Emily Gasson

Keeping up to date with the rapidly changing face of social landlord and tenant law is tough when there are so many other demands on the time of local authority and housing association practitioners.

This course will equip the busy landlord and tenant practitioner with knowledge about the latest changes in law and cases. It assumes good working knowledge of the landlord and tenant law in the sector and focuses on new developments, potential pitfalls in legislation and challenges uncovered by recent cases.


• Housing and Planning Act 2016 and the end of lifetime secure tenancies

• The Social Fraud Act 2013 • Deregulation Act 2015 – S21 changes• Right to Buy (RTB) – changes to the RTB

qualification periods and extension of the RTB to housing associations

• Latest cases

HOT TOPIC


34 |

For booking Terms and Conditions visit www.clt.co.uk/terms-and-conditionsTo book visit www.clt.co.uk/property | quote: NJ6 when booking

CLT offers an extensive library of webinars covering the latest hot topics and industry developments. Lasting one hour and costing

from just £35, they are a perfect way of learning in bite-sized chunks at a time and place convenient for you.

View our full range of webinars at www.clt.co.uk/webinars

Essential AGAs Update – Where are we Now? Speaker: Natasha DunnCommercial property practitioners, acting for landlords or tenants, must understand all of the key issues surrounding authorised guarantee agreements (“AGAs”).

Over the past few years we have seen various decisions relating to AGAs but what needs to be done to reflect these in practice? This webinar will bring you up to date on the current law.

Buying Property SPVs: Corporate Issues and Practicalities for Property LawyersSpeaker: Paul SuttonThis webinar is for property lawyers who may be involved in buying property SPVs. It provides an overview of the corporate law issues and practicalities which practitioners must be aware of when advising on transactions of this nature.

The webinar covers subjects including:

• The structure of a typical property SPV purchase• Key differences in risk profile and market practice,

as compared to a direct property purchase• How to help your client avoid wasting time on

abortive SPV purchases• Case study to illustrate the treatment of rental

apportionments in calculating the price for shares• An overview of the typical corporate

documentation• Common pitfalls and issues

Lease Surrenders – Ten Points to Ignore at Your Peril Speaker: Mark SheltonLease termination is mostly by a unilateral act: landlord’s notice to quit or forfeiture, tenant’s break notice. Those procedures are often contentious. By contrast, a surrender is a consensual process, so shouldn’t it be simpler? Isn’t it just a matter of the tenant handing the lease and keys back to the landlord? Well, up to a point, Lord Copper.

This webinar considers the pitfalls and the essential requirements. It will include:

• Required consents and approvals• Registration and other formalities• VAT consequences• Issues to be documented upon an intended

surrender and regrant• Checklist of issues for negotiation

The Institutional Lease in 2018 Speaker: Natasha Dunn The term ‘institutional lease’ first appeared in practice back in the 1980s. However, as the years have passed the bargaining strength of institutional landlords has weakened considerably. This webinar will give practitioners a clear indication as to what terms these investors are likely to achieve in today’s market.

Webinar Highlights

For booking Terms and Conditions visit www.clt.co.uk/terms-and-conditionsTo book call 0121 362 7705 | email [email protected] | quote: NJ6 when booking

| 35

The Law Relating to Adverse Possession in an Hour Speaker: Natasha Dunn This webinar will guide practitioners through the law relating to adverse possession and highlight the recent caselaw in this area. Since the Land Registration Act 2002 two separate regimes have been in existence but how exactly do they operate and when exactly can a person acquire legal title through adverse possession?

This webinar is a must for any commercial property practitioner and will cover:

The two regimes

• The essential requirements for a claim to succeed• The impact of criminal trespass on a claim• Is it reasonable to infer that possession of part

amounts to possession of whole?• What happens to a claim where registration was

mistaken?

Possession Proceedings and Flexible Tenancies Speaker: Emily Gasson The first flexible tenancies are coming up for review and you could be instructed to take possession of the property. The legislation promises to be a legal minefield for practitioners.

This webinar is aimed at local government practitioners working for local authorities which opted for flexible tenancies. It guides you through the legislation and identifies some of the possible pitfalls and defences.

Planning Permissions: 2017 Refresher Speaker: Lorraine Richardson Planning continues to be a vexed area for conveyancers both in terms of whether permission for work is needed and whether planning documents should be obtained on every purchase. This webinar will remind property lawyers of all levels of experience the key risk areas and what practical steps should be taken in the context of a residential purchase.

Building Regulations: An Introduction Speaker: Lorraine Richardson The issue of building regulations consent and whether it is needed for work or has been obtained continues to be of importance to residential conveyancers. A majority of properties will have had some work done to them. This webinar will remind property lawyers of all levels of experience the key risk areas and what practical steps should be taken in the context of a residential purchase.

Challenging Ground Rent and Service Charge Speaker: Ian Quayle This webinar will examine practical issues encountered by residential conveyancers and how those issues can be resolved without disrupting the conveyancing process.

The webinar will examine:

• Formalities for ground rent and service charge demands

• Dealing with increasing ground rents• Reasonableness and service charge• Applications to the Upper Tribunal of the

Residential Property Tribunal• An examination of recent case law

Property and Title Fraud – Law Society and HMLR Advice after Purrunsing Speaker: Lorraine Richardson Fraud is on the increase and fraudsters may purport to be a conveyancer or to work for a law firm. Recent cases have held law firms liable for loss when fraud has been involved.

This webinar considers some of the high profile cases surrounding this issue and the new guidance available to practitioners from the joint Law Society and HM Land Registry: ‘Joint property and title fraud advice note’.


36 |


The SRA continuing competence scheme means that solicitors need to develop wider skills outside of their technical ability. CLT’s Management & Personal Skills courses have been developed

to help you meet competence areas:

C) Working with other people

D) Managing yourself and your own work

Management & Personal Skills

Management and StrategyFor those new to management responsibilities or looking to deepen their understanding of law firm management and strategy.

Two Day Law Firm Management MasterclassLondon 15 - 16 Mar Manchester 19 - 20 Apr

Management Course Stage 1London 20 Mar

Management Course Stage 2: Developing the ManagerLondon 18 Apr

Preparing for PartnershipLondon 27 Feb

People ManagementCourses to help staff at any level understand how to support and manage team members.

Managing and Motivating PeopleLondon 24 Apr

Financial ManagementCourses from the functional to the strategic, to ensure your firm’s finances are well-managed.

Pricing, Performance and ProfitabilityLondon 14 May

SRA Accounts Rules for Accounts StaffBirmingham 20 Feb Sheffield 22 May London 5 Jun

SRA Accounts Rules: Achieving ComplianceLondon 23 Mar Manchester 20 Apr Bristol 22 May

Understanding and Interpreting Company AccountsLondon 16 May

Project ManagementDevelop key skills in project management to enable work to be managed effectively and to budget.

Case Analysis and Project Management for Junior LitigatorsLondon 17 May

| 37


CompliancePractical courses that will help you and your firm stay on the right side of SRA and general business regulation.

COLPs, COFAs and Managing Compliance 2018Manchester 6 Feb London 7 Mar Birmingham 10 May Leeds 12 Jun

Money Laundering and Terrorist Financing Compliance Post the Money Laundering Regulations 2017London 14 Mar Birmingham 18 Apr

Conflicts and Confidentiality in Law FirmsLondon 20 Feb, 12 Jun

Data Protection: Get Ready for the GDPRLondon 18 Jan, 27 Mar, 17 May Birmingham 5 Feb Bristol 5 Mar Leeds 12 Mar Carlisle 26 Mar

Data Protection: Conducting a Data AuditLondon 25 Jan, 10 May

Data Protection: Communicating with the Data SubjectLondon 25 Jan, 10 May

Duties of the Data Protection OfficerLondon 22 Feb

For In-House LawyersCourses designed to help in-house lawyers develop and succeed in their careers.

The Successful In-house LawyerLondon 10 May

The Successful Leader and Manager of an In-house Legal TeamLondon 9 May

Essential Toolkit for In-House LawyersLondon 7 - 8 Mar

CLT IN-HOUSE TRAINING

Can’t find the training that meets your team’s development needs? Looking to send more than 4 people on a course? CLT’s in-house training team can help you to achieve your goals and ensure your team receives the training they need.The CLT in-house training team are dedicated to ensuring that your training objectives are met and your budget is maximised.

Find out more: www.clt.co.uk/in-house


Our Speakers

David Brock David is an author, lecturer, and retired planning solicitor. He worked for over 30 years in planning law on major projects. He is a former partner of both Herbert Smith (now Herbert Smith Freehills) and Mills & Reeve. David is the immediate Past Chair of the Law Society’s Planning and Environmental Law Committee. He now heads Brock Consulting, where he writes, speaks and chairs conferences on a range of subjects from modern art to law.

Peta Dollar Peta has more than 25 years’ experience in all areas of commercial property transactional work (especially development and project finance), the last 17 years as a Real Estate partner at City of London law firm Dentons. She currently works as a freelance lecturer, trainer and writer.

Natasha Dunn Natasha is an associate professor of real estate in the professional development division at the University of Law. She qualified in the City and then spent many years in practice specialising in commercial real estate.

Emily Gasson Emily is a housing specialist and runs Affordable Action, a firm specialising in training and representing Councils and RSLs in housing management advice.

David Hannah David is a well-known expert on SDLT and related wealth management issues. He regularly comments for features such as London Property Magazine, The Resident, The Telegraph and The Economist. David established the Cornerstone Group over ten years ago as a property tax practice and is an experienced Chartered Accountant and Chartered Tax Adviser with expertise in high level property tax matters.

David Keighley David has enormous experience having practiced as a solicitor in Residential Property since 1982. David was until September 2016 a partner and head of residential property at Herrington Carmichael, a large Surrey & Berkshire based firm. Having lectured for CLT part time for many years he is now a full time lecturer and consultant.

Keith Lewington Keith spent 25 years as a partner in a national law firm. He now practises as part of an innovative virtual law firm, Excello Law Ltd.

Jane Lonergan Jane is a partner at Wilsons Solicitors LLP – one of the best known charity firms in the country acting for most national household name charities.

CLT works with highly experienced legal experts and management training professionals to ensure

we offer engaging, high-quality training that delivers the knowledge and skills our clients need

to grow and succeed.

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To book call 0121 362 7705 | email [email protected] | quote: NJ6 when booking To book call 0121 362 7705 | email [email protected] | quote: NJ6 when booking

Hannah Mackinlay Hannah is a solicitor and lectures widely on commercial property. Previously she dealt with commercial property, development and environmental work at partner and senior level at firms such as Shoosmiths and Pinsent Masons.

Christopher McNall Christopher is a barrister and CEDR-accredited mediator at 18 St John Street Chambers, Manchester, where he advises and acts in agricultural matters and disputes of all kinds. He is a Fellow of the Agricultural Law Association, and winner of its 2009 Chairman’s Trophy.

Ian Quayle Ian qualified as a solicitor and worked in private practice for 12 years specialising in property law matters. Since 1998 he has worked as a consultant in all aspects of property, landlord and tenant law.

Lorraine Richardson Lorraine specialises in residential conveyancing in a practice in Essex. Lorraine has a wealth of experience, and is also a co-editor of the popular and practical Law Society publication “Conveyancing Forms and Procedures”.

Darryl Royce Darryl is a member of Atkin Chambers and has practised in the field of construction law for over 35 years. He was one of the original 12 Founder Members of the Society of Construction Law in 1983 and is a contributing editor to Atkin’s Court Forms (Construction Contracts and Technology and Construction Court titles), the Encyclopaedia of Forms & Precedents (Building & Engineering commentary) and Hudson’s Building & Engineering Contracts.

Mark Shelton Mark is a freelance legal trainer, having practised in major commercial law firms for thirty years. He qualified with Linklaters and has always specialised in property litigation. Mark was a Partner at Lawrence Graham, and has acted for major property investors, financial institutions and leading retailers. He was a Professional Support Lawyer for a number of years, most recently at Eversheds LLP, working with the UK’s largest specialist real estate litigation team. He is a contributor to Estates Gazette and Property Law Journal.

Richard Snape Richard has been the Head of Professional Support at Davitt Jones Bould since 2002. He was formerly a senior lecturer in law and Head of Land Law at the University of West of England, Bristol. His areas of specialism include both commercial and residential property, in particular in relation to local government law, conveyancing issues, development land, commercial property and incumbrances in relation to land.

Sarah Thompson-Copsey Sarah is a former property litigation partner in the firm now known as Dentons, with a wealth of experience in all aspects of resolving (and avoiding) commercial property disputes. She currently works as a freelance legal trainer & author, and speaks frequently on a wide range of topical, property issues to members of the legal, surveying & property professions throughout the country. She also provides independent legal auditing services to law firms.

Andrew Waite Andrew is a Consultant in environmental law at Prospect Law. Chambers describes him as “one of the father figures of environmental law”.

Andrew is widely experienced in Environmental Law and is a particular expert on waste, contaminated land, environmental liabilities and climate change having advised the Government on waste and contaminated land legislation and the UK Government and the European Commission on the Environmental Liability Directive.

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property law - clt · welcome to your property law training guide with the practice year 2017-18...

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