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08 October 2020 / Peter Robinson
Issue: 7905 / Categories: Opinion , Covid-19 , Property , Landlord&tenant
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Eviction moratorium: Unfortunate landlords?

28850
Peter Robinson analyses the government’s extension of moratorium on eviction

Critical to the concept of a lease of commercial property as an investment product is the contractual obligation on the tenant to pay the landlord a rent on a quarterly basis. Failure to make such payments on time entitles a landlord to terminate the lease, by forfeiture, to make the tenant insolvent or to execute distraint on goods owned by the tenant at the let premises up to the value of the unpaid rent. In the majority of cases, just the threat of taking such action is sufficient to recover rent arrears.

COVID-19: mitigation

In an effort to mitigate the consequences of the Covid-19 pandemic, the government has intervened quickly and materially to impose regulation on the, previously largely unregulated, economic relationship between landlords and their tenants by:

  • preventing a landlord from exercising a right of re-entry or forfeiture for non-payment of rent (Coronavirus Act 2020, s 82(1));
  • preventing the service or presentation of a statutory demand (The Corporate Insolvency
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

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From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

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Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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