*FULLY BOOKED* Pitfalls in Commercial Leasing (FREE Lunch & Learn Event)

This 1 hour workshop will examine real-life case studies of commercial leasing transactions gone wrong, drawn from both the presenter’s personal experience and reported court and tribunal decisions, as well as the legislation and common law principles underpinning those decisions.

Specific areas covered by the workshop will include:

• the types of consents which may need to be obtained in relation to a commercial lease, and the consequences of failing to obtain consents (including, for example, WAPC consents required under the Planning and Development Act 2005 (WA), and a mortgagee’s consent for the purposes of s. 110 of the Transfer of Land Act 1893 (WA));
• the types of disclosures which might need to be given in relation to a commercial lease, and the consequences of failing to give any required disclosure  (including, for example, disclosures required under the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) and the Contaminated Sites Act 2003 (WA)); and
• common mistakes in the preparation and execution of offers to lease, heads of agreement and memoranda of understanding, including the failure to correctly provide for the minimum requirements of an enforceable lease agreement, and the danger of prematurely entering into binding agreements in the retail leasing context.

1 CPD point (Legal requirements – Commercial leases)