My commercial tenant is saying i cant forfeit due to coronavirus, the tenant has been open for business as a grocery shop, he simply doesnt want to pay. The lease has forfeiture clause, it says if he does not pay i can lock him out without a court order. He is saying i cant do that because of Coronavirus, is this true??
Hi Henry
my understanding is Coronavirus Act 2020 prevents you from evicting the tenant or using forfeiture. However, even after the lifting of the eviction ban you want to be careful. If you ask for the rent, in doing so you may "waive your right to forfeit" I just read an article Amanda wrote, it touches on some of the issue's you have raised.
https://thebla.co.uk/commercial-landlords-oblivious-to-waiving-right-to-forfeit/
Does this mean if you asked for the rent, the tenant doesn't pay, you have to wait for the next quarter before you can use forfeiture?