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.
FAQS on Covid-19 planning reforms14 August 2020
Just before the pandemic outbreak, the Government issued the trailer ‘Planning for the Future’ announcing various proposed reforms to the planning system. This was to be followed by a White Paper in the spring but following lock-down the Paper was postponed. Instead, the Government concentrated on emergency measures to alleviate the crisis. As lock down eased, Boris Johnson launched ‘Project Speed’ aimed at getting Britain building again including a radical reform of the planning system. This has resulted in a flurry of legislation with more to come.
Government imposes moratorium on statutory demands and winding up petitions22 June 2020
The government has announced that it will temporarily ban 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-1922 June 2020
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 occupiers22 June 2020
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 leases22 June 2020
The government is racing to try to protect tenants’ interests, with the Coronavirus Act 2020 coming into force on 26 March.
RE:Occupy - Managing the reoccupation of your premises10 June 2020
With corporate occupiers turning their thoughts to re-occupying their premises, as well as dealing with the practicalities of how to implement social distancing measures, they will be concerned to ensure that they are not exposing themselves to potential contractual, negligence and health and safety claims from employees, visitors, contractors or landlords. Whilst the government is providing advice to businesses on how they should manage the safety of staff, questions are being asked by businesses particularly in multi-let office buildings about who is responsible for ensuring common areas (such as the reception areas, toilets and lifts) are safe and who must pay for measures which must be implemented to make them safe. So, who is liable for what?
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.