Commercial Property Essentials CPD Bundle

A practical review of recent commercial property and landlord and tenant cases, which will include:

• 1954 Act: opposing on ground (g): Star Pubs v Gunmakers Arms
• 1987 Act - the Court of Appeal defines ‘building’: SGL v FSV Freeholders
• Commercial boundaries – evidence needed: Handy Cross Development v Vanni Properties
• Adverse possession – gnomes, horses and mistakes: Dobson v Unsted; Cross v Welsh; Hayward v Suffolk CC
• Restrictive covenants and ‘practical benefits’: Newton Poppleford Parish Council v Preston; Crossland v Fritchley
• Proprietary estoppel or legally binding contract? Conway v Conway

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

The 2nd edition of the RICS global practice guidance “Comparable Evidence in Real Estate Valuation” is due to be published in the second half of 2026. Comparable evidence is the bedrock of all valuations whether looking at direct capital comparison or determining the appropriate market rent and yield in an investment valuation. The role of the valuer is to read the market, assess any appropriate and available comparable evidence to determine the market value of the subject property. All approaches use comparable evidence in some form. The overriding requirement of any market valuation is to “price to market”. That is to estimate the price that would be achieved for the property were it to be sold on the open market on the date of the valuation. No good valuer would simply replicate the numbers from comparable sales and other data without further analysis. It may be that the market is static and thus prices will not have changed, or the market may be falling or rising. In all cases, the valuer assesses what data is available, including the impact of Environmental, Social and Governance (ESG) issues, to make a professional judgement as to price in the market today. All valuations need to be placed in an economic context. Comparable evidence is the start of the valuation process and not the sole contribution. This talk will look at:

• The new RICS Guidance on Comparable Evidence in Real Estate Valuation
• The need to understand the dynamics of the market and to look at other “sign posts” to provide an estimate of Market Value
• What is considered to be comparable evidence in markets, or conditions, where recent transactional evidence is not available?

Nick French, Real Estate Valuation Theurgy, Property Education

Alterations, assignments and sub-lettings – why is obtaining landlord’s consent so often problematic and time consuming? This practical session will look at:

• Preparing the application: tips for the tenant to smooth the process
• Anticipating and handling landlord’s conditions: the tricky concept of ‘reasonableness’
• Saying ‘no’ – when should the landlord consider this, and how?
• How long should it take? How much will it cost?
• What to do if either landlord or tenant breaches its obligations

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

• What is the Government doing? (about MEES)
• Avoiding the worst-case scenario – a landlord’s guide
• Open goals for tenants – a tenant’s guide
• Current lease drafting issues – everyone’s guide
• How to improve an EPC – a building by building whistlestop tour

Ben Strange, Senior Director, Mobius

Dr Walter Boettcher, Head of Research & Economics at Colliers will offer remarks about what he sees as the pre-conditions for UK CRE recovery – lower interest rates and regulatory stability.  This talk will look at economics, politics, and their impact on UK commercial property.

• Outlook on inflation, interest rates and debt, economic performance, and their impact on transactional activity and performance
• Colliers is forecasting very modest a mid-single-digit UK property return for 2026 based primarily on income in the absence of capital growth. Will it be achieved?
• Latest cross sector metrics for UK commercial occupier and investment markets
• Expectations/Evaluation of the Autumn Budget and its impact on commercial property
• Evaluation of international forces, especially the US mid-term elections and other known/unknown foreign policy shifts

Walter Boettcher, Chief Economist, Colliers

The Labour Government made a strong commitment to simplify planning, cut red tape and deliver growth. The National Planning Policy Framework 2024 (NPPF4) and its further draft revision published late 2025 intends to ‘speed up and streamline’ but how do day to day practitioners navigate the planning system? This session will review:

• How the Planning system can be practically navigated
• What to review first when looking at properties and sites
• How to promote sites through the local plan system
• Preparing and submitting planning applications

Ian Anderson, Senior Director, Lichfields

The law never stands still. In this annual update, Bryan analyses the most significant property decisions from the last 12 months and distil the key principles into practical guidance and clear takeaways for property professionals. Drawing on a diverse range of recent cases, the session explores how the courts are shaping commercial property law in areas including:

• Landlord and Tenant Act 1954
• Building safety
• Telecoms and the Electronic Communications Code
• Forfeiture
• Landlord and tenant disputes

Bryan Johnston, Partner and Head of Real Estate Litigation, Dentons

The meaning of “repair” - an “ordinary English word” – is not straightforward but is central to both repairing obligations and service charge recoverability. This practical session looks at:

• What does “repair” really mean, and why does that matter?
• How it can limit a commercial tenant’s obligation to repair and to a landlord’s ability to recover service charges;
• Why the age of both lease and building and the changing needs of the property market might change the definition of “repair”
• Statutory restrictions: the impact on costs and works
• Sweeper clauses – a universal panacea or not? 89 Holland Park Management Ltd v Dell, Triplark Ltd v Whale, Tower Hamlets v Brewster House

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

Practical guidance and tips for those advising landlords faced with defaulting tenants – prioritising restoring rental income whilst minimising expense and time spent in doing so.

• Which breaches are easiest to handle and why?
• Forfeiture: recognising the breach, avoiding waiver and dealing with applications for relief - valuable lessons from practical cases including Leicester Square v Empire Cinema; Biljani v Medical Express; Mentmore; Derwent; SARL
• Disrepair: the difficulties of court orders & damages, and why self-help remedies may not help;
• What to do when a tenant refuses to open for trade
• The impact of insolvency on remedies

Sarah Thompson-Copsey, Non-Practising Solicitor, Legal Lecturer and Trainer

This session explores the practical and legal considerations involved in introducing rooftop solar and EV charging infrastructure in commercial buildings, including how these decisions are structured, implemented, and managed over the long term.

• Considerations for both owners and occupiers when deciding whether to install rooftop solar or EV charging points
• Common legal structures for the installation works and on-going arrangements
• How to decide which structure is right for you
• Estate management considerations for the future

Daniel Lowen, Partner, Dentons

This session considers the direction of travel in leasehold reform, with a particular focus on its implications for mixed-use developments, and assesses whether commonhold is likely to become a viable alternative structure for commercial and residential property ownership in England and Wales. Overview of the current status of leasehold reform and the draft Commonhold and Leasehold Reform Bill • What is commonhold and what are the key features and restrictions of the existing commonhold regime? • The main changes proposed by the draft Commonhold and Leasehold Reform Bill:

• The ban on the sale of new leasehold flats
• Practical implications for the conversion of existing mixed-use buildings to commonhold
• Key considerations for new commonhold developments involving both residential and commercial units

Lauren Fraser, Senior Associate, Charles Russell Speechlys LLP

This session is suitable for commercial property practitioners of all levels and experience and explores:

• Mixed use properties and service charge - what is an appropriate service charge regime, service charge apportionment (lessons from case law) the legislative differences and the different statutory protections
• Tips and traps relating to the Landlord and Tenant Act 1987 , the impact of recent case law and legislation, and the implications of recent case law including the High Court decision in SGL1 Ltd v FSV Freeholders Limited [2025] EWHC 3 (Ch)
• The implications of the High Street Rental process on high street properties generally and mixed use properties in particular.

Ian Quayle, IQ Legal Training

5.00pm Close of Proceedings