The mere appearance of a force majeure event is no reason to be excused by the performance. Even if governments call the coronavirus epidemic a “force majeure,” this would only serve as evidence that a force majeure event has occurred. It would not be enough to excuse the tenants for the rent owed. Moreover, only the consequences of the force majeure clause would be paid. Therefore, the language of the clause will determine when the clause will come into effect and whether a party is exempt from the performance of its obligations. If the clause states that the event must be “the cause of the tenant`s inability to meet its obligations” or “prevents a party from fulfilling its obligations”, it is necessary not only to determine the nature of the obligation that the tenant argues that he is not acting or is not prevented, but also to determine whether such “failure” or impeding is directly caused by the force majeure event. Some clinically extremely vulnerable tenants may wish to continue to observe social differences. In these cases, landlords should do everything they can to help tenants. If you have a job that offers self-contained housing, but it is not part of the workstation and your landlord is not a local authority, you can keep a rental agreement governed by the Housing Act 1988. If this is the case, this is covered by the amendment of the legislation. Starting September 21, 2020, the courts will re-examine detention cases. The justice system has agreed to give priority to the most serious cases. Claims made before the start of the stay in March 2020, as well as claims concerning antisocial behaviour, extreme rent arrears, domestic abuse, fraud and deception, illegal occupiers and squatters, or the abandonment of real estate, illegal subletting and cases attributed by an authority as temporary accommodation, are priorities.
This will ensure the safety of landlords, tenants and neighbours facing the most monstrous cases. Good advice in the event of a dispute is to check whether the lease contains binding dispute resolution provisions. An effective dispute resolution clause requires the parties to embark on a pre-agreed path to reach a settlement that can avoid potential secondary disputes over whether and how the main problem should be resolved; Minimize the flexibility for tactical games (helping to maintain business relationships); to ensure that the time and cost of handling formal disputes are incurred only as a last resort.