Extension of protection from forfeiture for commercial tenants

We have previously reported on the Coronavirus Act and the implications for commercial landlords and tenants.  The Act makes provision that in respect of business tenancies, no right of re-entry or forfeiture for non-payment of rent may be enforced in any way until 30 June 2020.  What this means is that a landlord will not be able to forfeit a commercial lease for non-payment of rent by peaceable re-entry or court proceedings until after 30 June 2020.

During this period, no conduct of a landlord is to be regarded as waiving the right to forfeiture unless the landlord provides an express waiver in writing.

The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2020 comes into force on 29 June 2020.  The relevant period i.e. the period within which a landlord cannot take the above action, has been extended to 30 September 2020.  It is not known at this stage as to whether this will be extended further.

For all your Landlord and Tenant enquiries, please email Fiona Squire or complete the contact form and Fiona will call you back.

 

The content of this article is correct as at the date of posting and is for information purposes only. Whilst we try and ensure it is accurate we do not warrant or guarantee that this is the case, nor do we accept any responsibility in the event that it is relied on. The information is not intended to be a substitute for legal advice which you are recommended to obtain.

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