The Supreme Court has held that Right to Manage Companies acquire the right to manage the premises/flat itself and any physical property over which leaseholders have exclusive rights, but do not acquire rights to manage wider...more
A further judgment has been handed down in respect of COVID-19 rent arrears. Implied terms, failure of consideration and set-off, were all cited as reasons why the tenant ought not to pay its rent during periods of...more
Following the government’s call for evidence in May this year, the government released the responses and analysis on 4 August 2021, along with an accompanying policy statement. These highlight the starkly differing views of...more
The moratorium on landlords evicting commercial tenants has been extended by a longer period than many had expected, to March 2022. Landlords and tenants will also be compelled to enter into arbitration proceedings if they...more
6/17/2021
/ Business Interruption ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Eviction ,
Failure To Pay ,
Infectious Diseases ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Property ,
UK
On a protected lease renewal, a landlord may rely on the following "fault" grounds to oppose the grant of a new lease: (a) Failure by the tenant to comply with its repair and maintenance obligations...more
It has been a busy couple of weeks in the UK with judgments in two important cases concerning COVID-19 rent arrears: Commerz Real Investmentgesellschaft mbh v TFS Stores Limited (TFS) ...more
30 June 2021 will be a date no doubt circled on many calendars as being the date when landlords in England currently expect to be able to reassert some control following the end of the “temporary” measures proposed and...more
4/21/2021
/ Business Interruption ,
Call for Evidence ,
Commercial Leases ,
Commercial Property Owners ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Eviction ,
Failure To Pay ,
Infectious Diseases ,
Landlords ,
Moratorium ,
Relief Measures ,
Rent ,
Rental Property ,
UK
Most commercial leases require the tenant to pay its rent quarterly, and invariably include a provision allowing the landlord to forfeit if that rent has been unpaid for a period of time, e.g. 7, 14 or 21 days. Outside of...more
6/25/2020
/ Arrearages ,
Commercial Leases ,
Contract Terms ,
Coronavirus/COVID-19 ,
Forfeiture ,
Landlords ,
Moratorium ,
Rent ,
Rental Property ,
Tenants ,
UK ,
Winding Up Petitions