To ensure that landlords are treated fairly and do not exit the portfolio for the service, maintenance and supply costs they incurr during a long period of operation, the rates charged generally require tenants to pay these costs during operation for a period of time if these costs were provided for under the contract. By law, you can pay the amounts shown in the table below if you meet the qualification requirements. See FAQ (2) for qualifying conditions. The specific amounts depend on the period during which you were unable to evacuate the premises after the end of your lease or licence (the “holding over the period”), as well as whether you operated your business on the premises for a period of time during the operation. Presumably, during the operation, you operated your business on the premises during the period when activities were carried out in the premises that were in line with the operation of your business. The lease of a restaurant expired during the Circuit Breaker period. During the Circuit Breaker period, stocks of canned and bottled beverages remained stored at the site. The tenant did not sell food or beverages during this period. As the storage of canned goods and bottles of beverages in bottles is not an activity for the operation of the business, the tenant did not operate his business on the site during this period.
Owning property can be difficult in times of good times, let alone during a global pandemic. In this section, we want to provide useful information to those who wish to rent their property. This point has already been raised, but it must be repeated: the law applies only to tenants and licensees of commercial real estate – it does not apply to residential property. The fact is that the pandemic poses particular problems for commercial tenants and licensees. Many companies, including retail, entertainment and hotels and restaurants, had to virtually close their doors during the first phase of the breaker circuit; Even conventional companies have had to virtually abandon their offices because employees have been and will be pushed to work from home. In the meantime, landlords are expanding and collecting rent or planning their remediation strategy for the date on which, if the prescribed time limit expires. (Owners whose real estate is pledged are protected from application by Section 5) Nevertheless, the new regulations certainly pose problems for owners and it was pointed out above that there was some uncertainty as to what exactly an owner`s rights are during the prescribed time frame. Owners should be careful not to act in a hurry without seeking legal advice. If in doubt, you should seek legal advice if your lease or license agreement contains such a clause. It is important that all terms and conditions are clearly and in writing and that the lease covers all necessary details.
In addition, it is important to check all supporting documents. The lease of a warehouse expired during the Circuit Breaker period. The warehouse was used exclusively for the storage of frozen food. Even if the tenant was not able to enter the warehouse during operation for a long time (for example. B due to protection restrictions), the tenant is still considered a business on the site. This is because storing frozen food in the warehouse is an activity focused on the operation of tenants` business. If the tenant cannot evacuate the premises due to COVID-19 from May 1 to May 31, 2020, despite the appropriate measures, the reliefs mentioned above in FAQ (1) apply to the tenant during this period.
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This post was written by ammoore