The Liver Building

2019 Commercial Property Conference


Speaker: Various

Date: Tuesday 30th April, 2019

Time: 09:30 - 15:45

Areas of Law: Company & Commercial; Property

Liverpool Law Society,
2nd Floor Helix,
Edmund Street,
L3 9NY

Course Code: S4198


Welcome & opening address ~ Angela Hesketh

RPI rent reviews – deceptively simple? ~ Bill Chandler, Hill Dickinson LLP

  • How does an index-linked rent review work?
  • ‘Collar and cap’
  • ‘Compounded annually’
  • 5 things that can (and do) go wrong in practice

Property Taxes Update ~ Peter Graham, RSM Accountants

  • Interest deductions for property owners
  • Stamp Duty Land Tax Update
  • Capital Allowances Update


Application of MEES (Minimum Energy Efficiency Standards) to commercial property and the interaction with EPCs ~ Sue Highmore, Landmark

  • What does the MEES regime prohibit?
  • When should landlord clients check the EPC rating of their property and when it would be better if they did not (e.g. Listed Buildings)?
  • How to find out which is the current registered EPC for your client’s property – not straightforward if the EPC has been opted out of the system, or there are several units in the property
  • How and when to claim exemption from compliance with MEES, the data and evidence to be filed in support, and whether exemption can be inherited on sale
  • The new rules on minimum spend on energy efficiency improvements per property before a landlord can claim exemption?
  • Can your client cut down the work and expense of commissioning a new EPC?
  • EPCs and tenants’ alterations – control and effect

Break Clauses and Getting them Right ~ Jac Armstrong, Atlantic Chambers

  • Comparisons between break clauses and other methods of terminating leases
  • How to interpret break clauses and break notices
  • The Recovery of ‘Overpaid’ Rent
  • The effect of exercising a break notice on the respective obligations of landlords / tenants / sub-tenants and other aspects of the lease

VAT Update ~ Jenni Christy, Grant Thornton

  • New regime for construction services – when, how and why
  • CPSEs – VAT questions, how and why


IFRS16: Leases – more than just an accounting change ~ Usha Sharma, Brabners & Jennifer Woods, Grant Thornton

  • What’s it all about?
  • Lessor/Lessee accounting
  • Practical application

Land Registry Update ~ Jamie Winch, Land Registry

  • HMLR Digital Transformation
  • Digital Street – Year 2
  • Local Land Charges – Service update

Overage - securing a share in the profits ~ Philip Byrne, St Johns

  • What is “overage”?
  • How do you draft an “overage clause”?
  • Making “overage” work – avoiding the pitfalls?

Summary & close - Angela Hesketh

Speaker Biographies

Jac Armstrong was called to the Bar in 2013 and is a tenant at Atlantic Chambers Liverpool, being a member of the Chancery and Commercial (Business and Property) practice group. His practice primarily involves traditional Chancery work including property disputes, landlord and tenant disputes (residential and commercial), trusts, contentious and non-contentious probate and also contract law. He has appeared in the High Court, County Courts, specialist tribunals and also represents clients at mediations. Before coming to the Bar Jac was a senior lecturer at a local university.

Philip Byrne was called to the Bar in 1999 following 10 years’ working within property management and development, both in private practice and social housing.  He has a degree in property management and development and is a one-time member of the Chartered Institute of Housing and Royal Institution of Chartered Surveyors.  Philip practises in all areas of real property (both residential and commercial) including landlord and tenant, construction disputes, as well as general contract work and professional negligence work associated with or arising from property and construction matters.

Bill Chandler is the professional support lawyer to Hill Dickinson’s national property team, providing technical legal support to the team and its clients.  Bill has presented at over 200 conferences and seminars and has been a regular speaker at the Commercial Property Conference since 2008.  Prior to assuming his present role in 2007, Bill was a partner in the property team with over 10 years’ transactional experience acting for retailers, developers and others on all aspects of commercial property work.

Jenni Christy is a Chartered Tax Advisor and VAT specialist, advising on issues and opportunities for clients within a wide range of sectors, including professional practices, property and construction, leisure, and healthcare.  Jenni advises on all aspects of VAT, including property transactions, business acquisitions and disposals, VAT registration and compliance, and partial exemption. She is also a member of VAT & Duties sub-committee of the Law Society of England and Wales.

Peter Graham is head of capital allowances for RSM and is based in the north west. Peter has over 15 years’ experience of advising clients on the tax consequences of property ownership. Peter is part of the RSM Real Estate and Construction team who work with a wide range of businesses across the sector including investors, developers, real estate funds, construction firms, estate agents, surveyors and architects.

Angela Hesketh is a Chartered Fellow of the Institute of Legal Executives with over 20 years’ experience specialising primarily within residential conveyancing including sale, purchase, new build, equity release, remortgage, transfer of equity and auction. Angela is the Head of Property and recognises that in order to provide our clients with the best service we need to understand their anxieties, and provide clear, straightforward advice in order that they can proceed with certainty and peace of mind.  It is her aim to provide the best customer experience. In the past Angela has appeared on The Politics Show, Grand Designs Live and Sky Channel Legal TV as a recognised expert in her field.

Sue Highmore is an experienced commercial real estate lawyer, who practised with Linklaters for 30 years and writes regularly for the Estates Gazette.  She specialised in development work, major landlord and tenant projects and portfolio acquisition for overseas investors.  She was responsible for the Linklaters in-house real estate training and went on to become an editor on special projects, including MEES and EPCs, for PLC Property. Sue has been a Property Consultant for Argyll Environmental (part of Landmark) since 2009 and lectures for the Landmark Academy.

Usha Sharma is a senior associate at Brabners with 18 years’ experience in dealing with complex property projects. She advises on all aspects of commercial property including freehold and leasehold acquisitions, disposals and lending. She has wide experience drafting and negotiating commercial leases on behalf of both landlords and tenants.

Jamie Winch is a Stakeholder and Policy Manager on the Local Land Charges (LLC) Programme.  He works specifically on CON 29 and has been conducting research and feasibility testing with key industry stakeholders and developing the policy to support the passage of the Infrastructure Bill 2014 through parliamentary change process and the successful delivery of the LLC solution. Prior to working on Local Land Charges Jamie was Customer Team Leader for 40 firms of solicitors and conveyancers based at our Nottingham Office.  This team was heavily involved in the successful delivery of the e-DRS Prototype and signed up early adopters of the service. Jamie also spent two years on secondment at a number of Local Authorities working on large Register Development projects. He joined Land Registry in 1989 an Office Copy Admin Assistant and during his time he has worked as a legal caseworker processing all types of applications.

Jennifer Woods has 13 years of auditing experience and advising clients on accounting issues, spanning across many industries and businesses of various sizes, from owner managed entities to international publically owned groups. She has extensive knowledge of IFRS and leads locally on technical and financial reporting updates.



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