Overview

This article answers some landlord issues arising from COVID-19.

Contents

  1. If the government has imposed additional public health requirements, can the landlord require the tenant to comply with these?
  2. 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?
  3. If the tenant cannot use its property, does it have to continue paying rent?
  4. What if a tenant requests a rent concession as a result of COVID-19?
  5. Does the lease contain a tenant's keep-open covenant?
  6. Would the closure of the premises due to governmental quarantine or shut-down result in an actionable breach of the covenant?
  7. Will the insurance provisions in the lease apply, where the property is inaccessible due to COVID-19?
  8. Can the parties claim that COVID-19 is a force majeure event, which excuses the parties from performing the lease obligations?
  9. Can the parties claim that the lease contract is frustrated (and therefore terminated) by COVID-19?
  10. What steps are being taken by Government on payment holidays and state aid?
  11. What are a landlord's remedies?

Explore More Insight