Overview
This article answers some landlord issues arising from COVID-19.
Contents
- If the government has imposed additional public health requirements, can the landlord require the tenant to comply with these?
- Who pays for items such as an enhanced cleaning regime, additional cleaning of common areas, any deep cleaning, provision of additional refuse removal, for example?
- If the tenant cannot use its property, does it have to continue paying rent?
- What if a tenant requests a rent concession as a result of COVID-19?
- Does the lease contain a tenant's keep-open covenant?
- Would the closure of the premises due to governmental quarantine or shut-down result in an actionable breach of the covenant?
- Will the insurance provisions in the lease apply, where the property is inaccessible due to COVID-19?
- Can the parties claim that COVID-19 is a force majeure event, which excuses the parties from performing the lease obligations?
- Can the parties claim that the lease contract is frustrated (and therefore terminated) by COVID-19?
- What steps are being taken by Government on payment holidays and state aid?
- What are a landlord's remedies?
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