It is now over a year since the Government first imposed a nationwide lock-down in March 2020, causing many businesses to cease operating, at least temporarily.  This coincided with a large increase in commercial rent arrears and, in order to preserve as many businesses as possible, restrictions on certain enforcement action were introduced by the Coronavirus Act 2020.
Those restrictions do not prevent a landlord issuing debt recovery proceedings for unpaid rent.

Two recent High Court decisions dealt with many common arguments raised by tenants as a means of avoiding or suspending liability to pay. We look at the key principles from each decision.