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21 February 2022 Covid-19 rent arrears – the questions that remain

The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?

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Legal update

10 November 2021 The government’s plans for dealing with Covid-19 rent arrears – the evidence required and binding arbitration process revealed

On 9 November 2021, the government gave its first reading of the new Commercial Rent (Coronavirus) Bill and updated its Code of Practice introduced to deal with the commercial rent arrears accrued during the pandemic.

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Legal update

14 September 2021 Presenting a winding up petition to recover pandemic rent arrears

The government has now published new regulations to replace the winding up restrictions mentioned above from 1 October 2021. The key point of interest from a landlord and tenant perspective is that these new regulations will prevent a landlord from presenting a winding up petition to recover rent until 31 March 2022 where the sums are unpaid by the tenant because of the financial effect of the pandemic.

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Legal update

11 August 2021 The government’s plans for dealing with Covid-19 rent arrears – some more details emerge

Last week, the government published a policy statement to deal with rent arrears accrued during the pandemic for those businesses affected by the pandemic.

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Blog

6 July 2021 Handing back an empty shell of a building did not prevent a tenant from exercising a break clause

Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.

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Legal update

17 June 2021 Restrictions on landlords’ remedies extended again and extra protection to be given to certain businesses

The delay in the full easing of lockdown restrictions and the knock on effect for certain tenants (particularly those in the hospitality and entertainment industry) has clearly caused a change of heart and the government has now announced a further extension of the restrictions.

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Blog

17 May 2021 Relief for landlords as the Court of Appeal confirms that leases have been validly contracted out

One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.

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Blog

4 May 2021 Summary judgment stayed where part 26A restructuring plan pending

Landlords should reconsider summary judgment if a Part 26A restructuring plan is pending.

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Blog

23 April 2021 Landlords’ claims for summary judgment for ‘Covid’ rent arrears succeed (again)

A landlord’s claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.

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Blog

16 April 2021 The High Court offers no comfort for beleaguered retailers

Whilst this decision may not be surprising, it will undoubtedly send a chill down the spine of retailers in a similar position to The Fragrance Shop.

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