Why landlords’ hands are not tied by the rent moratorium

Shams Rahman, partner in property litigation at law firm Edwin Coe, joins EG's senior deputy legal editor Jess Harrold to discuss the impact of the nine-month extension of the moratorium on commercial rent arrears recovery measures including forfeiture.

Rahman addresses the detail of the extended moratorium and its impact on landlords, but explains why they do still have options on the table - particularly if they are prepared to think outside the box.

He outlines the process of bringing a debt claim in court, and considers the potential availability of forfeiture for breaches of covenant other than non-payment of rent.

Against that background, he offers advice on how landlords can approach lease negotiations with tenants - and looks ahead to the government's proposed arbitration process for resolving Covid-related disputes.