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Landlord and tenant issues in relation to COVID-19.

If you own or occupy commercial premises on a leasehold basis, you need to consider:

  • As tenant/occupier:
    • The responsibilities you have regarding the wellbeing of your staff and the health and safety of visitors to your premises (e.g. around cleanliness, office closures, home working etc..)
    • how the Covid 19 situation (e.g. the closure of an office) impacts your tenancy/occupation agreement and specifically your ability to perform your obligations under your tenancy or occupation agreement, including:
      • any obligation to comply with statute or similar obligations
      • any obligation to the landlord to keep premises open/trading
      • your obligation to pay rent, service charge, insurance or other sums under the tenancy and whether any of these issues are covered by insurance
    • whether you need to raise these issues with your landlord, bearing in mind that your landlord may take the view that the present situation does not relieve you from complying with your obligations.
    • As landlord:
      • the responsibilities you have towards your tenants and the additional considerations that may be needed (e.g. around cleanliness);
      • how the Covid 19 situation (e.g. the closure of an office) impacts your tenancy/occupation agreement and specifically your abilityto perform your obligations under your tenancy or occupation agreement, including:
        • the tenant’s right to access/exclusive possession
        • your obligations to allow access/quiet enjoyment and not to derogate from grant
        • your obligations to maintain the building and/or common parts
      • whether you need to raise these issues with your tenant and also whether you need to consider your tenant’s ability to perform their obligations.

If you are concerned about any issues relating to your property or development get in touch with one of our team who can help.

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