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 ability to 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.
Government imposes moratorium on statutory demands and winding up petitions07 January 2021
The government has introduced a temporary ban on commercial property landlords from issuing statutory demands and winding-up petitions against tenant companies unable to pay amounts owed under their lease due to coronavirus.
RE: Occupy - Real Estate FAQs for Tenants during Covid-1907 January 2021
The impact of Covid-19 is constantly changing for the real estate sector: from construction sites and developments being shut down; to new approaches for planning inquiries and a mutable landscape for lease negotiations. Nothing is set in stone. Therefore, we have pulled together a selection of the questions we are being asked by clients and will be updating this regularly.
COVID-19 advice for corporate occupiers07 January 2021
Commercial tenants – whether occupying offices, retail premises, industrial units or other property - face potentially existential questions arising out of their landlord and tenant relations, how to manage cashflow and outgoings as revenues dry up, premises shut down and uncertainty reigns.
Coronavirus Act 2020 and forfeiture of leases07 January 2021
The government is racing to try to protect tenants’ interests, with the Coronavirus Act 2020 coming into force on 26 March.
FAQS on Covid-19 planning reforms23 November 2020
The Government believes the planning system is ‘broken’ and in June the Prime Minister promised the most radical shake up of planning since WWII in order to get Britain building again. There followed a series of legislative changes over the summer to both Permitted Development Rights and to the Use Classes. The Government wants to introduce further reforms as set out within the white paper Planning for the Future and the consultation paper on Changes to the Current Planning System.
RE:Occupy - Managing the reoccupation of your premises18 November 2020
With a fresh lockdown in place until early December – at least – corporate occupiers are once again faced with considering how best to manage their return to offices. Occupiers have already briefly experienced life back in premises under Covid-measures, including ensuring they, and their landlords, comply with health and safety guidelines, protect against possible contractual or negligence claims from their employees
Coronavirus – landlord's obligations to carry out annual gas safety inspections24 March 2020
In these unprecedented times we have advised a number of landlords about their obligations to tenants and particularly in respect of the obligation on all residential landlords to carry out annual gas safety inspections in accordance with the Gas Safety (Installation and Use) Regulations 1998 when we should all be social distancing.
Coronavirus creating uncertainty for landlords13 March 2020
Covid-19 (or the coronavirus as it is more commonly known) has now been labelled a pandemic by the World Health Organisation.
Businesses are facing many real and unique challenges as the world responds to COVID-19.