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Recovery of costs under a contractual clause

On Friday 11th September there were numerous  legislative changes regarding forfeiture in Wales concerning Commercial landlords and their ability to forfeit business tenancies for non-payment of rent.

The Business Tenancies (Extension of Protection from Forfeiture etc.) (Wales) (Coronavirus) (No2) Regulations 2020 now extend the current protections until 31st December 2020. This has since been updated. Please refer to our latest article on Moratorium of leases.

Changes to Section 82 of the Coronavirus Act 2020

Section 82 of the Coronavirus Act 2020 prevents landlords from using the right of re-entry to bring a business tenancy to an end on the basis of non-payment of rent during the “relevant period” as defined in the legislation which is currently set to come to an end on 31st December 2020.

Changes to English tenancies

English tenancies have now also been extended and the protection from forfeiture will cease to have effect on 31st December 2020. It is important to note that the relevant provisions of the Coronavirus Act apply to the vast majority of commercial leases, but not most leases for terms of less than six months.

For more information regarding forfeiture in England and Wales, please contact Anna Duffy, head of property at DTM Legal LLP or call on 0151 230 1219



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