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On completion of this training programme, participants will have the ability to:
- review , draft and negotiate commercial leases
- identify issues of concern when acting for the landlord or tenant in commercial lease negotiations
- draft suitable special conditions for insertion to the general contract for sale in commercial property transactions
- advise clients in relation to the acquisition and disposal of various types of commercial property
- review standard property lending and investment documentation and advise clients in relation to these documents and in relation to emerging investment structures
- identify relevant tax issues in relation to transactions
Programme Structure and Approach to Learning
With a renewed level of activity in the property market, this course aims to expose practitioners to the key areas of practice that arise when advising clients in all areas of commercial property transactions. Lecturers will draw on their own experiences of practising in this area with reference to legislative updates, practice directions and practical case studies to provide participants with the necessary knowledge to advance in this area. The practical emphasis of the course is reinforced by three practical workshops, which will provide an opportunity to engage with topics through problem based scenarios in a small group setting.
The programme is based on the following module scheme and covers key themes as listed below:
Module 1: Introduction & Basic Principles
- Contracts & General Conditions of Sale: What to look for in a Commercial Property transaction
- Drafting Special Conditions
Module 2: Commercial Leases
- Key agreement for lease
- Rent review
- User , alienation
- Drafting and negotiating a lease
Module 3: Development & Planning
- Acting for a developer - Scheme Documentation and booklet of title
- The MUD act for new builds
- Build to rent
- The Building Control (Amendment) Regulations 2014
- Practical planning advice for the commercial property lawyer
Module 4: Property Financing & Investment
- Company/ Commercial Law aspects of Commercial Property
- Investment Structures
- Property Lending
Module 5: Acquisition & Disposal (Case Studies )
- Mixed Use Developments
- Distressed real estate
Module 6: Taxation
- Stamp Duty
- Taxing Commercial Leases
- Tax arising on the purchase and sale of freeholds
Who should attend?
This diploma is open to lawyers only. This course is aimed at solicitors with a level of experience in this area. It will also provide a useful refresher course for those who may have recently returned to property practice and for those looking to update their knowledge in this area. The course is also open to trainee solicitors who have successfully completed their PPC I.
Workshops are interactive sessions that focus on group problem-solving and are designed to revise all modules covered to date and to consolidate the participant’s knowledge.
- Saturday 28 April 2018 (10.00am – 12.30pm): This commercial leases workshop will focus on reviewing leases and the negotiation process involved.
- Saturday 12 May 2018 ( 10.00am -3.00pm) : This full day workshop involves a series of four interactive acquisition and disposal case studies including the purchase of a hotel/ pub , mixed use development and distressed real estate.
- Wednesday 20 June 2018 ( 6pm – 8.30pm ) : Students work through past exam questions and a mock paper in preparation for the end of course exam. Best practice advice is also provided.
The teaching faculty for this diploma comprises a fantastic array of commercial property experts
Previous lecturers have included:
- Suzanne Bainton, Partner, Liston & Company
- Martin Coleman, Partner, Dillon Eustace
- Leonie Dunne, Partner, Matheson
- Sean Greene, Partner, Eversheds Sutherland
- Jarleth Heneghan Partner, William Fry
- Aideen Hennessy Partner, Hennessy O’Shea
- Rachel Niall, Partner, Hayes Solicitors
- Kerry-Jane Morgan BL
- Alan Roberts , Partner, A& L Goodbody
- Ultan Shannon Partner, Arthur Cox
- Michael Walsh Partner, ByrneWallace
*Every effort has been made to ensure the information contained in these pages is accurate and up to date. However timetables and course content are subject to change and date and time changes may occur due to factors beyond our control.