Retail and Commercial Leasing Review
Issues covered include: case update, logistical risk, disclosure statements, termination, guarantees, valuation, rent reviews, outgoings
Description
The legal issues impacting the leasing sector are evolving and you must keep up with the latest developments and strategies to succeed. Learn what you need to know about the latest cases, new disclosure laws, new risks arising from changing tenant profiles, and the many financial issues in leasing you must stay on top of.
Attend the full day and earn 7 CPD in Substantive Law
Session 1
Leasing Law & Practical Strategies
9.00am to 10.00am: Retail and Commercial Leasing Case Update
- Latest cases in retail & commercial leasing: the practical takeaways
- A guide to PEXA and leasing
- What you need to know about the major issues in tenancy practice right now
Presented by Andrew Grima, Principal Lawyer, Coleman Greig Lawyers
10.00am to 11.00am: New Legal, Commercial & Logistical Risks from Emerging Sector Trends
- Entertainment tenants and offerings: managing the risks
- Pop-up shops and short term leases: flexibility vs risk and liability
- Foreign tenants: risks checklist
- Commercial offices: the latest trends & developments you must have on your radar
- The domination of logistics in industrial leasing: emerging risks and key considerations
Presented by Dannelle Howley, Partner, Squire Patton Boggs
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: Disclosure Statements: Practical Strategies
- When and how to issue and amend them
- Key tenants and early termination rights
- Disclosing end dates of key tenants
- What if a key tenant breaches or terminates early? What needs to be disclosed and when?
- Work carried out on the premises and liability issues
- Limiting liability for work carried out after a lease commences
Presented by Robert Speirs, Partner, Speirs Ryan; Best Lawyers 2020, Real Property Law
12.15pm to 1.15pm: The Termination Checklist: Streamlining Procedures
- Relevant considerations prior to entry into the lease
- What are the available options for a tenant wanting to terminate a lease?
- The relevance of the Retail Leases Act to termination rights
- What steps can be taken by a landlord wanting to terminate a lease
- If a lease is terminated by a landlord, what steps should a tenant consider taking
Presented by Anthony Herro, Principal Solicitor, Herro Solicitors; Recommended Leasing Lawyer, Doyle’s Guide 2019
Session 2
Financial Issues in Leasing
2.00pm to 3.00pm: An In-Depth Guide to Guarantees
- Security for your lease: types of guarantees and a guide to the pros and cons of each
- Bank, personal and company guarantees
- Combinations of guarantees
- Commercial considerations
- Net worth, liquidity and risk: what you need to consider
- Key points in guarantees
- The correct guarantor & favouree: getting it right
- Establishing a clear purpose of the guarantee
- Critical timing issues
- Conditions and limits of liability
- Replacement and additional guarantees
- Impact of assignment by the landlord or tenant
- Renewal
- When will the guarantee expire?
Presented by Tara Linn, Senior Associate, MinterEllison
3.00pm to 4.00pm: Valuation and Rent Reviews: Drafting Tips & Dealing with Disputes
- A guide to renewals, market rent reviews and valuations
- How valuers are valuing vs how this sits overall with the Retail Leases Act
- Practical examples and common errors faced by practitioners
- Real world tips and examples for drafting and disputing market rent reviews
- Case review: market rent reviews, where they can go wrong, and what to do about it
Presented by Sebastian Busa, Partner, Baker McKenzie; Recommended Leasing Lawyer, Doyle’s Guide 2019
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Outgoings for Retail and Commercial Leases: a Detailed Walkthrough
- Analysis of different rent structures: advantages & disadvantages of each
- Calculating outgoings contributions: budgets, formulas and tenant’s proportion
- Proper outgoings inclusions and exclusions
- Capital vs non capital expenses
- Current issues in outgoings
- Standard NSW Law Society Lease and common amendments: what to watch out for
Presented by David Voet, Partner, Madison Marcus Law Firm
Venue
Cliftons Sydney
Level 13, 60 Margaret St
Sydney 2000
NSW
Australia