Legal News | 29.09.20

COVID-19 Legal Update: Recovering Possession Extension

Section 82 of the Coronavirus Act 2020, which provides that a right of re-entry or forfeiture for non-payment of rent under a relevant business tenancy cannot be enforced during the relevant period, was extended on 15 September 2020. This means that the relevant period, which began on 26 March 2020 and was originally stated as ending on 30 June 2020; before being extended to 30 September 2020; will now continue until 31 December 2020.

What are the restrictions?

Until 31 December 2020, the following restrictions will apply in relation to relevant business tenancies:

• A right of re-entry or forfeiture for non-payment of rent may not be enforced, by action or otherwise;
• No conduct by or on behalf of a landlord is to be regarded as a waiving a right of re-entry or forfeiture for non-payment of rent, unless the landlord gives an express waiver in writing;
• If High Court proceedings have already commenced, any possession order must ensure that the tenant does not have to give possession before the 31 December 2020;
• Where the High Court has already made an order requiring possession to be given before 31 December 2020 unless the tenant complies with some requirement, the tenant can apply to vary the order;
• If County Court proceedings have already commenced, any possession order must not specify a date for possession that is before 31 December 2020; and
• Where the County Court has already made an order for possession to be given before 31 December 2020, the date for possession will be treated as extended.

If you would like to discuss your options to recover possession or your rights as a commercial tenant, please get in touch with your usual contact or email: josh.taylor@wansbroughs.com or marcus.saunders@wansbroughs.com.