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May 2021
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Dear <<First Name>>,

Welcome to the May edition of Landlord and Tenant E-lert
 
The issues in this month’s articles are:
 
Article 1: Are commercial tenants liable for rent during the pandemic even if their properties were not fully operational?
 
Article 2: In the context of a company restructuring, does a landlord’s claim for unpaid rent take precedence over the interests of other creditors?
 
Article 3: What sort of conduct is required by one party to waive its contractual rights under a contract?
 
Article 4: Are the operators of an airfield entitled to an easement of air to ensure that pilots can fly the correct approach to land?
 
I hope that you find these articles helpful

Best regards
 
Rex

High Court Rules on Payment of Rent During the Pandemic
The burning question in many commercial tenants’ minds is whether they are obliged to pay rent even though the COVID-19 pandemic has forced them to shut down their premises and cease trading.
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High Court Decides on Payment of Rent for Commercial Tenant Involved in Restructuring Process
Many commercial tenants who are experiencing cash-flow crises due to the COVID-19 pandemic have been constrained to stop paying rent and are racing to restructure their debts – but where does that leave their landlords?
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High Court Rules on Waiver of Contractual Rights by Conduct
Strict contractual rights, no matter how clearly defined, may be impliedly waived by conduct. That principle came under High Court analysis in a dispute concerning stalled plans for the construction of a space age engine testing centre.
READ MORE...

 
Court Decides on Easement of Air Issue
The use to which you put your land may be authorised and entirely inoffensive, but it can still be anathema to your neighbours.
READ MORE...

 
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