Module Descriptors
COMMERCIAL PROPERTY - BL
LAWS73013
Key Facts
School of Justice, Security and Sustainability
Level 7
1 credits
Contact
Leader: Robert Thornton
Hours of Study
Scheduled Learning and Teaching Activities:
Independent Study Hours:
Total Learning Hours:
Assessment
  • EXAMINATION - OPEN BOOK EXAMINATION IN EXAMINATION CONDITIONS weighted at 100%
Module Details
Indicative Content
ELEMENT 1
1. legislation re granting of a business lease
2. clauses in draft business lease
3. form and legal structure of business lease, cost, procedures, formalities
4. roles, rights, responsibilities and liabilities of participants
5. strategies to achieve the client's objectives
6. practitioner skills

ELEMENT 2
1. common commercial property transactions
2. enquiries prior to agreements
3. disputes re sale of existing business leases
4. legal contracts, assignments and reports,
5. Codes of Practice

ELEMENT 3
1. subleases
2. legal documentation
3. standard/supplemental enquiries

ELEMENT 4
1. legal conflicts
2. commercial property client
3. commercial awareness/ business acumen
4. arbitration clauses, forfeiture, rent review, insurance and repairing clauses
5. renewal of a business lease

ELEMENT 5
1. use of business premises
2. planning issues/ contaminated land legislation and regulations
3. alter/amend/draft clauses
4. negotiate amendments

ELEMENT 6
1. revenue issues
2. current financial issues
Resources
Lecture and workshop materials. Blackboard
Texts
CLP Commercial Property Law Manual (annually updated) and Karl Bamford's Fourth Edition Amending Commercial Leases - publisher Tottel updated annually.
Learning Strategies
Commercial Property Law is taught within 9 one hour lecture sessions and 9 x two hour workshop sessions plus a self study session. Additionally for students following a blended-learning mode of delivery there will be on line activities
Assessment Details
Assessed in one three hour written assessment
Learning Outcomes
1. DEMONSTRATE A COMPREHENSIVE UNDERSTANDING OF THE NATURE AND STRUCTURE OF THE LEGISLATION AND CODES OF PRACTICE RELATING TO THE SALE OF BOTH LEASEHOLD AND FREEHOLD PROPERTY, THE TERMS, CONDITIONS AND STRUCTURE OF A CONTRACT FOR THE GRANT AND ASSIGNMENT OF A BUSINESS LEASE.
Knowledge & Understanding

2. DRAFT EFFECTIVE AND SOUND COMMERCIAL PROPERTY DOCUMENTS SUCH AS A CONTRACT FOR SALE, A LEASE OF A COMMERCIAL PROPERTY, AN OPTION TO PURCHASE A LICENCE TO ASSIGN AND A SUBLEASE TRADING TERMS AND CONDITIONS AND TO BE ABLE TO ANALYSE CONFIDENTLY DOCUMENTS DRAFTED BY OTHERS
Application

3. UNDERSTAND ASPECTS OF COMMERCIAL PROPERTY LAW WHICH MAY AFFECT THE COMMERCIAL PROPERTY CLIENT SUCH AS THE LAW RELATING TO COVENANTS AND BREACHES OF THEM, EASEMENTS GRANTED AND RESERVED, TERMINATION, FORFEITURE, THE COMMERCIAL PROPERTY MARKET, LAND CONTAMINATION, PLANNING AND REVENUE.
Analysis

4. INTERPRET AND APPLY PRIMARY SOURCE MATERIALS, CONSTITUTIONAL DOCUMENTS AND OTHER RELEVANT AGREEMENTS
Learning

5. IDENTIFY CONDUCT AND REGULATION ISSUES, SUCH AS CONFLICTS OF INTEREST, FSMA AND FUNDING ARRANGEMENTS, AS THEY ARISE IN THE CONTEXT OF COMMERCIAL PROPERTY TRANSACTIONS Communication

6. DRAFT ALL APPROPRIATE DOCUMENTATION TO FACILITATE COMMERCIAL PROPERTY TRANSACTIONS AND PREPARE ADVISORY REPORTS FOR COMMERCIAL PROPERTY CLIENTS
Analysis
Web Descriptor
Aspects of Commercial property practice are explored during this module with an emphasis on the content and structure of commercial leases. Planning implications and Landlord and Tenant issues are explored so that students are prepared for commercial property practice.