Section 82 of the Corona Virus 2020 Act prohibits employers from setting work-related employment contracts before June 30 (or after). At the time, the law was passed for restricted commercial restraint (CRER), which promised to enact an emergency law to protect homeowners from complying with legal requirements and legal proceedings. Bankruptcy. However, offenders need to think twice before making concessions and other payments to landlords indirectly. The government announced on March 23 (the first two days of March) that the Coronavirus Act would contain an eviction order to protect “commercial tenants who cannot pay rent due to the coronavirus.” Two days later, Coronavirus 2020 received royal approval and became law. This did not give many commercial tenants who had to secure a three-month rent in March long enough to accept the new law and make a wise decision on a three-month rent in March.

Measures to prevent the eviction of commercial tenants from their homes under Article 82 of the new Act this section also contains general rules for cases that remain closed in court. High Court or District Court, but this article only applies to non-existent cases.

Who protects?

Although the statement stated that this measure will continue to make commercial employers unable to pay rent, the provisions of Article 82 do not apply. The calculation method of the ownership clause contained in Article 82 paragraph is as follows:

“During any event or other circumstances during this period, the right of the rental company to pay the rent or the right to cancel shall not be exercised.” Therefore, any tenant, even someone who has the necessary financial resources to deal with a coronavirus storm (perhaps more than one landlord), can benefit from the new law.

The definition of “relevant commercial lease” is broad enough to cover all commercial leases set out in Part 2 of the Landlords and Tenants Act of 1954, including “Lease”. The second part of the optional announcement shows that the owners who have owners under the title will also benefit from Section 82, even if they are not involved. However, the following items are not included in Section 82 of the folder: Guarantee (if it is not a loan, although it is described as a license, but this is news for another day).Rent when he wants the lease clearly states 1954. Section 2 of the Act states that agricultural loans and credits exceed six months.

“For rent”

Section 82 (12) basically defines rent as “any amount payable under the applicable commercial lease scheme”. Most importantly, the corresponding period defines the period that the owner cannot lose, not the time that the rent must expire. Therefore, the corresponding period begins on the second day after the March quarter and the tenant is not affected by this event. However, as Article 82 is limited to losses caused by non-payment of rent, it will not prevent the tenant from taking legal action for breach of another contract under other steps.

Just forfeiture

The tenant (and tenant) should keep in mind that Section 82 protects only the rental property. It does not create free lending time and does not eliminate other landlord solutions (despite the CRAR and / or government cuts April 23). Therefore, the rent is free and must be paid later. When the government clearly encourages cooperation rather than landlord disputes, even in the field of defense, a strong landlord will have the best rights.

• Use the mortgage loan payment
• Increase interest rates based on rental rates
• To the tenant (or guarantor) who pays the rent
• Renews the return of a commercial sports lease (from April 24, 2020 to the end of this period, but for CPR, only within at least 90 days of the lease).
• Respond to legal requirements and provide appropriate insolvency practices (until bankruptcy and corporate governance laws attempt to eliminate drugs).

During the locking period, homeowners face obvious practical difficulties in finding top-notch treatments. Of course, many homeowners do not want to get it anyway. The area cannot be rented and the landlord does not want to take responsibility for the rent. Homeowners can be more creative when dealing with tenants. The tenant is not yet willing to extend or permanently reduce the rent, or to no longer change the annual leave. Tenants who believe they can take advantage of Section 82 should use confusing procedures that require rent adjustments to make their stay as comfortable as possible.

Measure performance

Section 82 also ensures that landlords and tenants do not have the right to make future decisions. In general, landlords should pay close attention to the foreclosure laws and not “give up” their right to foreclosure indicating that the lease will continue. As per paragraph 2 of article 82 of the new rules, the owner’s actions of termination (other than the notice of exemption) may not be considered a waiver of the right to refuse take it. Therefore, the rights of the owner of the purchase are protected, but if you reach the appropriate deadline, you must make an immediate decision if you lose or threaten to give up. Exercise the rights by continuing to act if the lease is still valid.

In addition, tenants may be concerned about whether they will stay behind the current rent when renewing the lease. Article 82 (11) states that if a landlord attempts to object to the renewal on the basis of “pending rent arrears”, he is “negligent” by failing to pay the rent on time.

That’s enough time

The deadline is March 26, 2020 (the day after the law enters into force) until June 30, 2020. However, Section 82 (12) considers that the applicable period may be extended several times and provides that the extension may be applied instead of other provisions by law. If the above are important and you want to talk about your options, contact Kevin Lee (property consultant) or another member of the property group or property group.

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