News & Analysis as of

Forfeiture Landlords

Patton Sullivan Brodehl LLP

Enforceability of Commercial Lease Co-Tenancy Provisions

A commercial lease co-tenancy clause conditions a retail tenant’s opening for business or continuing operations at the designated property upon another tenant opening for business or continuing operations at the same...more

Holland & Knight LLP

Borrowing and Renting in the Metaverse: The Disputes Are Yet to Come

Holland & Knight LLP on

Second Life, which was brought to virtual life by Linden Lab in 2003, is widely acknowledged as the first "metaverse" in which individuals could acquire, build on and, if they wished, sell virtual land. Coming to life long...more

Hogan Lovells

COVID-19 UK – Additional breathing space…but tenants who can pay should

Hogan Lovells on

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

Hogan Lovells

UK COVID-19: Commercial tenants to be given three months’ protection from forfeiture

Hogan Lovells on

Monday, as well as locking down the country, the government published critical amendments to the emergency Coronavirus Bill protecting commercial tenants from the risk of forfeiture until the end of June 2020. ...more

Hogan Lovells

Confirmation from the Court of Appeal: Exercising CRAR will waive a right to forfeit

Hogan Lovells on

In an earlier blog we discussed the High Court decision in the case of Thirunavukkrasu v Brar & Brar. The High Court confirmed that taking action pursuant to the Commercial Rent Arrears Recovery regime (CRAR) would amount to...more

Hogan Lovells

CVAs – retail’s flexible friendship continues

Hogan Lovells on

On 19 September 2019, Norris J handed down judgment in the challenge brought by six landlords against the Debenhams Retail Limited (Debenhams) company voluntary arrangement (CVA) which was approved by 94.71% of Debenham’s...more

Miller Starr Regalia

“If A Tree Falls In The Forest . . .”: If A Tenant Has Yet To Be Evicted, Do They Still Possess The Premises?

Miller Starr Regalia on

[author: Jana Contreras] “If a tree falls in the forest with no ears to hear does it make a sound?” While the answer to that riddle still remains elusive to many, a recent California court of appeal decision did succeed in...more

Hogan Lovells

Enforcement action for arrears – a useful reminder for landlords

Hogan Lovells on

Although company voluntary arrangements have stolen the headlines this year, there are many other tenants, particularly those in the retail sector that are not seeking to reduce their rents but simply falling into arrears. ...more

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