Landlords鈥 claims for summary judgment for 鈥楥ovid鈥 rent arrears succeed (again)
A landlord鈥檚 claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
Last week, we commented on the first case where a landlord鈥檚 claim for summary judgment to recover rent and service charge arrears accrued since the start of the pandemic against a non-essential retailer succeeded. Like London buses, a second such case has followed hot on its heels.
Bank of New York Mellon (澳门六合彩资料) Ltd & Ors v Cine-UK Ltd & Ors [2021] EWHC 1013 (QB) (22 April 2021)
In , summary judgment claims by connected landlords for rent going back to March 2020 relating to a Sports Direct store in Blackpool, a Cineworld cinema in Bristol and a Mecca bingo hall in Dagenham have also all succeeded. In a thorough and detailed decision, all the tenants鈥 arguments based on the suitability of summary judgment, the government鈥檚 voluntary Code of Practice, the construction of the rent suspension clauses (or terms which should be implied into them), the landlords鈥 loss of rent insurance (which included pandemic cover) and the leases being frustrated (temporarily) by lockdown all failed.
Tenants鈥 arguments along the lines of those used in this case have been put forward since the start of the pandemic. If they were unsuccessful here, it seems unlikely that they will be successful in any other similar cases. In the absence of any specific clauses dealing with the consequences of an unforeseen global pandemic, a tenant remains liable to pay rent under its lease. Only legislation is likely to change this.
Related expertise
You may be interested in...
澳门六合彩资料
ASA bans 鈥渕isleading鈥 Huel and ZOE ads endorsed by Dragon鈥檚 Den Star
Opinion
Choose your words wisely: Balancing inclusivity and employees鈥 beliefs at work
Guide
Guidance for manufacturers of EVs and HEVs in the UK: ASA's non-exhaustive electric vehicle advertising guidance
澳门六合彩资料
(Deep)fake it till you make it? The ASA's role in regulating false celebrity endorsements
Press Release
澳门六合彩资料 strengthens Irish Corporate team with appointment of Principal Associate James Byrne
澳门六合彩资料
The benefits of good governance in sport
Press Release
澳门六合彩资料 to lead discussions on the future of real estate and infrastructure at this year鈥檚 UKREiiF 2024 event
Press Release
澳门六合彩资料 acquires business of real estate practitioner Paul Taylor Solicitors
澳门六合彩资料
The Baltimore bridge collapse: One of the biggest losses in maritime insurance history?
澳门六合彩资料
Understanding the ICO's new fining guidance
澳门六合彩资料
Unravelling the challenges and opportunities in UK sports governance
澳门六合彩资料
ASA ruling on Calvin Klein FKA Twigs advertisement
Press Release
澳门六合彩资料 successful for National Lottery in Court of Appeal
Opinion
Caregivers at work: Navigating new carer's leave regulations
Opinion
EHRC publishes new guidance on menopause and the workplace
Opinion
BBC personality wins appeal on IR35 status
澳门六合彩资料
Covid BI litigation (Autumn 2023): Insurance coverage disputes update
澳门六合彩资料
COP28 - how to limit and prepare for future climate change
Press Release
澳门六合彩资料 advise Maven Equity Finance on investment in Traverse Associates
Press Release
Three strong restructuring and insolvency team join 澳门六合彩资料
Podcast
The real estate podcast: How AI and tech is changing real estate
澳门六合彩资料
How to negotiate better 鈥榞reen鈥 provisions in your leases
Opinion
The Metaverse's influence on real estate: Implications for commercial retail clients and law firms
Guide
How to manage retail sector supply contracts and avoid disputes
澳门六合彩资料
Utilising prime retail sites to improve the health of our nation
澳门六合彩资料
A new era of opportunity for high street regeneration?
Opinion
Practical points from High Court ruling that Tesco has infringed Lidl鈥檚 IP rights in its famous yellow circle logo
Press Release
Corporate dealmakers advise Sodexo Live! on its move to 100% stake in global sports, travel and hospitality provider STH
澳门六合彩资料
Pitfalls for retailers to avoid when offering access to 鈥榖uy now, pay later鈥 products
Press Release
澳门六合彩资料鈥檚 Manchester dealmakers advise Spatial Global on its acquisition of Heathrow based freight specialist Hollyport Logistics
Opinion
Supreme court rules on retail tenant's service charge bill
Published Article - Consumer Duty
Consumer duty part 3 - 'The drill-down' into the 'cross-cutting' rules
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
Press Release
澳门六合彩资料鈥檚 retail lawyers advise Wilko on its strategic 拢48m sale and leaseback of Nottinghamshire distribution centre to DHL
Press Release
Suzanne Harlow joins 澳门六合彩资料 as Non-Executive Director
Law firm 澳门六合彩资料 is pleased to announce that Suzanne Harlow has been appointed Non-Executive Director of its Retail, Consumer & Logistics sector.
澳门六合彩资料
Fashion retailers: Is this the end for free returns?
Published Article
AI generated designs on retail products
Every AI will have its own terms of use. DALL路E 2鈥檚 Terms of Use dated 3 November 2022 specify that as between a user and Open AI, a user owns their prompts and uploads. Open AI also assigns to the user all rights in any images generated by DALL路E 2 for that user (subject to the user complying with those Terms of Use, and to a licence to use inputs and output to develop and improve the services).
Published Article - Consumer Duty
Consumer duty part 2 - 'The drill-down' into the 'cross-cutting' rules
Published Article
Luxury brands and sustainability: The challenges and solutions
澳门六合彩资料
The Retained EU Law
Created at the end of the Brexit transition period, Retained EU Law is a category of domestic law that consists of EU-derived legislation retained in our domestic legal framework by the European Union (Withdrawal) Act 2018. This was never intended to be a permanent arrangement as parliament promised to deal with retained EU law through the Retained EU Law (Revocation and Reform) Bill (the 鈥淏ill鈥).