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We continue to be available to support you during these challenging times. Please find below our latest posts and articles relating to the Coronavirus and business and personal issues.
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As noted in our article concerning a tenant’s entitlement to suspend or withhold payments without the landlord’s agreement, a failure to comply with the covenant to pay rents will usually entitle a landlord to peaceably re-enter the property and immediately bring the lease to an end. This is known as ‘forfeiture’. Most commercial leases will...
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The TSP Employment Law team answer the questions that many employers may have as they adapt to the evolving Coronavirus situation.
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The Government, during their weekend briefing on 28 March 2020, confirmed they would be relaxing the rules on wrongful trading for directors and making other changes to insolvency law to enable companies to continue trading in the current climate.
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We are in unprecedented times given the COVID-19 pandemic and the Court and Court system has had to adapt accordingly in order to deal with the balancing of both landlords’ and tenants’ rights.
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For a number of years users of the Family Court have had to come to terms with the fact that court proceedings can take many months to conclude. This situation will undoubtedly worsen as a result of the current situation. Inevitably a number of judges and court staff will have to self isolate so court...
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The Government guidance that people should not mix with members of a different household and if they must do so then they should maintain a distance of at least 2 metres between each member of the household seems to create a problem for separated parents.
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From April the statutory requirements around statements of particulars are changing and being extended to include all workers, not just employees.
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The exceptional circumstances we all find ourselves in arising from the Covid-19 outbreak are already bringing considerable operational pressures for the businesses of landlords and tenants. The full economic impact will not be known for some time. But it seems clear that landlords and tenants will need to work as co-operatively and flexibility as they...
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There is no easy yes or no answer to this. The risk for the landlord is that by doing so, this breaches a general obligation of quiet enjoyment the landlord owes to the tenant under the lease or tenancy and could be argued as having derogated from grant. In effect, denying the tenant the use...
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Generally, a tenant is not prevented from temporarily closing his trading premises unless there is a specific covenant in the lease or tenancy which requires him to stay open for trading. The tenant will not, therefore, usually be in breach of the lease or tenancy as long as the rent continues to be paid.
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No, unless the break provision itself specifies that it can be exercised in such cases, which is very unlikely. Where a rolling break provision has been included within the lease (i.e.one that can be exercised at any time on notice rather than by reference to fixed dates) then landlords may well find that tenants take...
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The short answer is no, unless the lease specifically allows for termination in such cases via a force majeure provision or it can be established that the lease has ended in accordance with the common law doctrine of frustration.
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In most cases, the answer will be no. Most leases and tenancies only provide for rent to be suspended if the property is destroyed or suffers physical damage which renders it unusable by the tenant; and where that damage is caused by an “insured risk”. That would not usually cover a Covid-19 situation. Well drafted...
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The emergency measures surrounding the Covid-19 pandemic have required some businesses to close in the short term, and led others to scale down operations considerably. Inevitably, landlords are being approached to agree rent holidays or concessionary arrangements by tenants. Understandably, the impact upon tenant businesses has been highlighted in the press but landlords are also...
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With the Law Society identifying that Solicitors who deal with the drafting and execution of Wills are ‘key workers’ how can we provide a continuing service but keep our staff and clients safe from the risk of Coronavirus.
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