header-logo header-logo

29 July 2020 / Philip Sissons
Issue: 7897 / Categories: Features , Covid-19 , Property
printer mail-detail

Property law & the COVID-19 pandemic (Pt 2)

25148
The use and occupation of property and performance of property contracts Phil Sissons

Introduction

Beyond the obligations of a tenant to continue to pay rent and service charges (see Pt 1, ‘Property law & the COVID-19 pandemic’, NLJ, 10 July 2020, p20) the lockdown restrictions give rise to a second major group of loosely related issues around the use and occupation of property.

Keep open covenants

Some commercial leases (particularly, for example, leases of retail units in a shopping centre) contain clauses which oblige the tenant to open for business, usually during specified hours. Can those clauses be enforced when the tenant ceases trading due to the pandemic? In most cases the answer seems clear. If the 2020 Regulations have compelled the closure of the business this would provide a defence to a claim for non-compliance with the covenant. (For more detailed treatment of the issue of keep open covenants see ‘(Still) open all hours? Tenants’ covenants to keep business premises open and to pay rent during the COVID-19 Pandemic’, Jonathan Karas QC and James Tipler

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll