header-logo header-logo

08 October 2020 / Peter Robinson
Issue: 7905 / Categories: Opinion , Covid-19 , Property , Landlord&tenant
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll